One of the most common practical questions foreign buyers ask is simple. Do they need to travel to Italy to complete the transaction? For most of the process, the answer is no. One step does require a physical presence before an Italian notary. A well-established solution exists for it: the power of attorney, known in Italian as the procura notarile.

This article explains how the Italian power of attorney works in a property purchase. It covers when you need one, how to obtain it from abroad, and what it allows your representative to do on your behalf.

What Can Be Done Remotely, Without a Power of Attorney

It is worth starting with what does not require a power of attorney. Buyers often misunderstand this point. Most of the early stages of an Italian property transaction can happen entirely remotely.

The buyer can sign the purchase proposal (proposta di acquisto) and transmit it remotely, by email, scan or courier. No physical presence in Italy or notary signature is required. In practice, the proposal does not pass directly between buyer and seller. The buyer’s lawyer and the estate agent handle the exchange of documents instead. Direct contact between the parties themselves is relatively uncommon in Italian property transactions.

The preliminary contract (compromesso) can also be signed remotely. It is a private agreement between the parties, so it does not need notary authentication. The buyer signs their copy wherever they are. The seller signs theirs in Italy. The respective lawyers and the estate agent manage the exchange.

The deposit payments happen by bank transfer from the buyer’s account, with no physical presence required. This applies at both stages: the initial deposit with the purchase proposal, and the larger deposit at the preliminary contract.

The buyer’s legal representative in Italy can handle everything else too. This includes legal due diligence, negotiation, and all coordination between the lawyer, the seller, the estate agent and the notary.

In practice, most foreign buyers visit Italy at some point during the process. Often this is just to view the property before committing. Some buyers complete transactions without a prior visit, particularly in competitive markets or when buying remotely based on detailed documentation. Either way, a physical presence in Italy for signing documents is only required at one stage: the final deed of sale.

The Final Deed: When a Power of Attorney Is Needed

The final deed of sale, the rogito, must be signed before an Italian notary in a formal ceremony. Both the buyer and the seller, or their authorised representatives, must attend. The notary reads the deed aloud. They verify the identity of the parties and authenticate the signatures.

Some buyers cannot or do not wish to travel to Italy for the signing. In that case, they can grant a power of attorney (procura notarile) to a trusted representative, typically their Italian lawyer. This authorises that person to sign the rogito on their behalf. The representative attends the signing in Italy. The transaction proceeds exactly as it would if the buyer were present.

This is a perfectly standard and widely used arrangement. Italian law fully recognises the validity of transactions completed this way. Notaries deal with this situation routinely.

How to Obtain a Power of Attorney from Abroad

This is where many buyers hit their first practical difficulty. Many assume the Italian embassy or consulate in their country can handle this. That assumption is no longer correct for most non-Italian nationals.

Italian consular authorities generally no longer provide notarial services to foreign nationals residing abroad. Their notarial functions stay reserved for Italian citizens. Non-Italian buyers cannot simply go to the Italian embassy to have their power of attorney authenticated.

The standard procedure for non-Italian buyers works as follows. A foreign notary does not draft the text of the power of attorney. The buyer’s Italian lawyer prepares it instead, working with the Italian notary who will authenticate the final deed of sale. The Italian notary needs to be satisfied that the power of attorney confers the correct authority. Italian legal professionals should draft the document for this reason: they know exactly what the notary will require. The finalised text cannot be modified. It is then sent to the buyer, who takes it to a notary public in their country of residence.

The buyer signs the power of attorney before that notary public. The notary public certifies the buyer’s identity and the authenticity of the signature. They do not draft the text, since the Italian lawyer has already prepared it.

The document then receives an Apostille. This is an official certification from the competent authority in the buyer’s country. It makes the document legally valid for use in Italy and other signatory countries of the Hague Convention.

If the document is in English, or another language other than Italian, it needs a certified Italian translation. The buyer’s Italian lawyer typically arranges this.

The buyer then sends the original signed, apostilled and translated document to their representative in Italy. This is typically their lawyer, who will use it to sign the final deed before the Italian notary. Sending the original matters here, not a copy. Italian notaries require the original power of attorney at the signing.

The process is straightforward but requires some advance planning. The apostille and translation take time. The buyer’s Italian lawyer also needs to review the document beforehand, to confirm it contains the correct powers. Leaving this to the last minute can cause delays at completion.

What the Power of Attorney Must Contain

Not all powers of attorney are the same. A document that is too vague or too limited can create problems at the notary. The power of attorney for an Italian property purchase should specifically authorise the representative to:

• Purchase the identified property at the agreed price and on the agreed terms.
• Sign the deed of sale (rogito) before an Italian notary.
• Pay the balance of the purchase price.
• Accept delivery of the property.
• Carry out any ancillary acts necessary to complete the transaction, including signing ancillary documents, making declarations required by the notary, and complying with anti-money-laundering requirements.

If the power of attorney covers a specific property, it should describe that property precisely. If you grant it before identifying the specific property, it needs broader wording. This requires particular care, so it stays effective without becoming excessively general.

The buyer’s Italian lawyer should prepare or review the draft power of attorney before signing. This ensures it contains everything the Italian notary will require.

Who to Appoint as Your Representative

The most natural choice for most foreign buyers is their Italian lawyer. This person already knows the transaction and has all the relevant documents. They can attend the signing without additional briefing. Appointing your lawyer also means someone with full knowledge of the transaction can handle any last-minute issues at the notary immediately.

Alternatively, a buyer can appoint a trusted friend, family member, or business associate who is in Italy. This is perfectly valid. That person just needs to be reliable, available on the signing date, and willing to take on the responsibility.

The Payment of the Purchase Price

One point sometimes gets misunderstood. Granting a power of attorney does not mean the representative pays the purchase price on the buyer’s behalf. Italian law requires full traceability of the purchase funds. The balance of the price must come from the buyer’s own bank account. The money never passes through the lawyer’s account.

We recommend one mechanism in virtually all cases. Transfer the funds directly to the notary’s dedicated escrow account (conto dedicato), as provided under Italian Law 124/2017. The notary holds the funds securely. They release them to the seller only after registering and transcribing the deed of sale at the land registry. This eliminates the risk of last-minute encumbrances being registered against the property between signing and transcription. It also keeps the buyer’s money fully protected until ownership formally transfers. The buyer transfers the funds directly, typically a few days before the signing date, to allow for bank clearing times.

The power of attorney covers the signing of the deed. The transfer of funds is a separate step. The buyer arranges it directly, again typically a few days before signing.

How We Can Help

Magaraggia Law Firm regularly assists international buyers who are purchasing Italian property remotely. As your authorised representative under a power of attorney, we can attend the final signing on your behalf. We also manage the entire transaction from the initial due diligence through to completion. Our team advises in English, French and Spanish, and works across all of Italy.

If you are considering purchasing property in Italy and want to understand how the process works remotely, contact us for a free initial consultation:

info@studiolegalemagaraggia.it

+39 328 071 0278