Power of Attorney for buying or selling property in Italy

Updated guide on granting power of attorney for property transactions in Italy. Learn how it works, who can issue it, and recent updates for residents abroad.

A power of attorney is a formal, unilateral legal act through which a person (the principal) grants another person (the agent) the authority to act on their behalf.

By presenting the power of attorney, the principal formally declares that the agent is authorised to act in their place during negotiations.

It must be executed in writing, either as a notarised private deed or as a public deed.

What is a property Power of Attorney and when is it needed?

A power of attorney for buying or selling property is a legal instrument that allows someone to be represented by another person during a property transaction.

It is a powerful legal tool, commonly used when the principal is unable to attend the signing of the contract due to logistical reasons, health issues, or residence abroad.

It is particularly useful for:

• Remote purchases or sales;
• Foreign residents;
• Real estate investments managed by third parties.
• Urgent or temporary circumstances.

Types of property Powers of Attorney: general vs. special

A property Power of Attorney can be either special or general.

• A special Power of Attorney is limited to a specific act, such as the sale of a particular property.
• A general Power of Attorney gives the agent broad authority to manage multiple real estate operations.

Special Power of Attorney for property transactions

The special Power of Attorney is limited to a single transaction: in this case, the purchase or sale of a specific property.

This is the most used type of power of attorney in real estate.

Key features of a special power of attorney:

• Valid only for the specified transaction;
• Terminates upon completion of the act;
• Must clearly outline the powers granted.

Required documents:

• Identity document and tax code of the principal;
• Copy of the title deed (in the case of a sale);
• Residence permit (for non-EU citizens);
• Signature of both spouses, if the property is jointly owned.

General Power of Attorney

The general Power of Attorney authorises the agent to manage all legal matters of the principal, including both routine and extraordinary administrative tasks.

It is more commonly used in corporate or business settings, especially with the appointment of “institori” (qualified professionals granted managerial powers).

Its validity ends only upon revocation.

Note: It is not recommended for property sales, where a special power of attorney is preferable.

How does a Power of Attorney to sell property works?

A power of attorney to sell property is a notarised deed through which a person authorises another to sell a specific property on their behalf.

The appointed agent may sign the contract before a notary, fully replacing the principal.

To be valid, the document must specify:

• The full details of both principal and agent;
• The address and land registry data of the property;
• The exact powers granted (e.g., signing a preliminary agreement, choosing the sale price, accepting offers);
• Any limitations or conditions.

The signature must be certified by a notary or, for residents abroad, executed at an Italian Consulate.

How to grant Power of Attorney on behalf of an elderly person

If the principal is elderly and considered vulnerable, a special power of attorney may still be granted if the person is fully mentally competent.

In such cases, they may visit a notary or arrange for the notary to visit their home or healthcare facility if they are unable to travel.

If cognitive impairments are present, the notary must assess mental capacity at the time of signing. If this is not possible, a support administrator must be appointed, and authorisation from the guardianship judge is required for the property sale.

What is a Power of Attorney to purchase property?

A power of attorney to purchase property is a legal document that authorises a person to complete a property purchase on behalf of the principal.

It is useful for individuals who:

• Live abroad;
• Cannot attend the signing due to health or work reasons;
• Prefer to delegate the task to a trusted expert.

The document must include:

• The type of property to be purchased;
• The maximum authorised price;
• Whether the agent is allowed to apply for a mortgage or other benefits.

It must be drawn up by a notary or Italian consulate and should include clear instructions to avoid risks.

How to amend or revoke a Power of Attorney

A power of attorney may always be modified or revoked, unless explicitly stated otherwise as irrevocable.

Changes must be formalised and communicated to third parties to prevent them from relying on outdated terms (Art. 1396 of the Italian Civil Code).

Revocation procedure:

• Appear before a notary;
• Present a copy of the original power of attorney;
• Notify third parties and proceed with registration in the Public Registers, if required.

Powers of Attorney for italian citizens living abroad

Italian law allows powers of attorney to be executed abroad, either at Italian consulates or through local notaries.

• If signed at the Consulate, the document must be drafted in Italian.
• If executed by a foreign notary, a sworn translation and notarisation by an Italian notary are required.

With the enhanced EU interoperability system (eIDAS 2.0), some Italian notaries now offer remote digital signing using qualified electronic identification, simplifying the process for residents abroad.

How much does a special Power of Attorney for property sale cost?

The cost of a special power of attorney in Italy varies depending on the notary, complexity, and additional services (e.g., translation, legalisation, registration). On average:

• Notary fees: €150 – €300;
• Sworn translation (if signed abroad): €50 – €150;
• Legalisation or apostille: €20 – €40;
• Registration in the Public Registers (if needed): varies.

It is advisable to request a detailed quote to avoid unexpected charges.

Seeking legal advice is essential to ensure the power of attorney complies with current regulations and avoids formal errors.

The Real Estate Department at Boccadutri International Law Firm offers tailored assistance in drafting, registering, and managing powers of attorney for real estate purposes.

Frequently Asked Questions (FAQ)

 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
 
 
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Calogero Boccadutri

Calogero Boccadutri is the Managing Partner of Boccadutri International Law Firm. He has trial experience in Forex, Personal Injury and Administrative litigation.