Buying a home that isn't built yet: how it works in Italy
If you buy a new home from a builder before it is finished, Italian law gives you specific protections. Here is what they are and what to check.
In short
- Italian law protects your deposits with a bank or insurance guarantee.
- The builder must give you a 10-year insurance policy on the structure.
- The preliminary contract is signed before a notary and registered.
Read more
Why this guide
Buying off-plan means paying deposits for a home that does not exist yet. In the United States that money is often held in escrow. Italy has a different system, set by a specific law, and it is worth knowing before you sign anything.
When the law applies
Legislative Decree 122/2005 protects private individuals who buy a home still to be built, or being built, from a builder. The stronger protections described here apply to projects whose building permit was requested from 16 March 2019.
A guarantee on every deposit
Before or when you sign, the builder must give you a guarantee (fideiussione) from a bank or insurer covering the money you pay before the deed. If the builder gets into financial trouble, you can get those payments back. Without it the contract can be declared void, and only the buyer can ask for that.
A 10-year policy on the building
At the final deed the builder must give you a ten-year insurance policy covering serious defects and damage to the structure that appear after completion.
The notary from the first contract
The preliminary contract must be a public deed or a private agreement certified by a notary, and the notary registers it in the public property records. The law lists what it must contain, including the guarantee and the building permit details.
What to ask
Ask for the building permit, the guarantee and the insurance company or bank that issues it, and choose your notary before you sign anything, because a signed proposal can already bind you.
Important
This is general information updated on October 9, 2026, not legal advice. Have every document checked by a notary. Trupiano Visual creates presentations of homes: it is not a real estate agency or a law firm.
The goal
Explain to a buyer abroad how Italian law protects payments made on a home still to be built.
Who it is for
- Buyers abroad: who are asked for deposits on a home that does not exist yet.
- Builders: who sell off-plan and want to reassure foreign buyers.
Buying off-plan means paying deposits for a home that does not exist yet. In the United States that money is often held in escrow. Italy has a different system, set by a specific law, and it is worth knowing before you sign anything.
When the law applies
Legislative Decree 122/2005 protects private individuals who buy a home still to be built, or being built, from a builder. The stronger protections described here apply to projects whose building permit was requested from 16 March 2019.
A guarantee on every deposit
Before or when you sign, the builder must give you a guarantee (fideiussione) from a bank or insurer covering the money you pay before the deed. If the builder gets into financial trouble, you can get those payments back. Without it the contract can be declared void, and only the buyer can ask for that.
A 10-year policy on the building
At the final deed the builder must give you a ten-year insurance policy covering serious defects and damage to the structure that appear after completion.
The notary from the first contract
The preliminary contract must be a public deed or a private agreement certified by a notary, and the notary registers it in the public property records. The law lists what it must contain, including the guarantee and the building permit details.
What to ask
Ask for the building permit, the guarantee and the insurance company or bank that issues it, and choose your notary before you sign anything, because a signed proposal can already bind you.
Important
This is general information updated on October 9, 2026, not legal advice. Have every document checked by a notary. Trupiano Visual creates presentations of homes: it is not a real estate agency or a law firm.
Official sources
In short
The goal
Explain to a buyer abroad how Italian law protects payments made on a home still to be built.
Who it is for
- Buyers abroadwho are asked for deposits on a home that does not exist yet.
- Builderswho sell off-plan and want to reassure foreign buyers.
Questions about a home in Terrasini?
Tell us which home you are looking at: we will walk you through its page in English. Sales are handled by the builder or a licensed agency.
Message us on WhatsApp
