Pubblicato il 5 october 2026Aggiornato il 17 october 20263 minuti di lettura
What “reciprocity” means
A foreign citizen can do in Italy what an Italian citizen could do in that person’s own country. If an Italian can buy a home in your country, then your country’s citizens can buy one here. The rule comes from Article 16 of the preliminary provisions to the Italian Civil Code.
The three groups, so you know where you stand right away
- Citizens of the European Union (and of the European Economic Area): no check at all. They buy exactly as an Italian citizen would.
- Foreign citizens lawfully residing in Italy: the law says they have the same civil rights as an Italian citizen. A valid residence permit is required.
- Foreign citizens living abroad: here, reciprocity with their country is checked before the closing is scheduled.
Refugees and stateless persons also have their own, more favorable, position.
Who checks, and how long it takes
The notary carries out the check before the deed, consulting the tables kept by the Italian Ministry of Foreign Affairs, which maintains an updated list country by country. For many countries, bilateral investment treaties also exist that make the check unnecessary.
What happens if reciprocity is missing
If it’s missing, the purchase cannot go through in that form. This isn’t the notary’s decision — it’s the law. That is why the check comes first: nobody should pay a deposit on a purchase that cannot go ahead.
An example (names and figures are invented)
Annamaria is an Italian citizen buying together with her husband, a citizen of a non-EU country who lives abroad. Before signing the preliminary contract, the Studio checks reciprocity for that country: the result is positive. Only then is the closing scheduled, with a 15,000-euro deposit paid by traceable bank transfer.
What to do, in practice
- Tell us right away the buyer’s citizenship and where they live: these are the two facts that decide everything.
- If they live in Italy, send a copy of their valid residence permit.
- Have the check done before the preliminary contract, not after: before anyone has paid a deposit.
- Ask for a clause in the preliminary contract that protects the buyer if the check comes back negative.
- Request an Italian tax code (codice fiscale): it’s needed in any case, even for someone living abroad.
Frequently asked questions
Do I need Italian residency to buy?
No. Italian residency is not required to buy. It is required, however, for certain tax benefits, such as the first-home benefit.
I’m an EU citizen but I live outside Europe. Does that change anything?
No: citizenship is what counts. A European Union citizen buys in Italy with no reciprocity check at all.
Who pays for the check?
It isn’t a separate line item: it’s part of the checks the notary carries out before the deed.
What if I hold dual citizenship?
If one of the two citizenships is Italian or from an EU country, no check is needed.
Does this also apply to receiving a home as a gift or through inheritance?
Reciprocity concerns the enjoyment of civil rights in general. For inheritances and gifts, other rules also come into play: it’s best to have your specific situation reviewed first.
Sources, for anyone who wants to check
- Article 16 of the General Provisions on the Law (the “preleggi”), Royal Decree No. 262 of 16 March 1942 — the condition of reciprocity
- Article 2, paragraph 2, of Legislative Decree No. 286 of 25 July 1998 (the Consolidated Immigration Act) — a lawfully residing foreign citizen has the same civil rights as an Italian citizen
- Italian Ministry of Foreign Affairs — condition of reciprocity, country-by-country tables
Useful links
- Notary in Naples: the Studio and the Online consultation – who we are and how an online consultation works
- Living abroad and need a notary in Italy? The 15 most common questions – power of attorney, apostille, interpreter, inheritance
- Glossary of Italian notarial terms – the words you will hear, explained in plain English
This is a first opinion, based only on what you have told us, and subject to verification of the documents.
Notary Marco Fiorentino
Studio Notarile Marco Fiorentino
Via Cuma 6, 80132 Naples (Santa Lucia)
Monday-Friday, 9am-6pm
Phone +39 352 273 7467 · segreteria@notaiofiorentinomarco.com
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