Buying a second home in South Tyrol without living there
Residence in the province is not a condition for buying: the difference lies in the property. Some dwellings are subject to the residents' restriction and some are not, and the entry appears on the land register extract.
No rule bars non-residents from buying
An Italian citizen, or a citizen of another EU country, who does not live in the province of Bolzano may buy property here. What the law limits is the use of certain properties: without the requirements you may not live in a dwelling that carries the residents' restriction, wherever you are resident today.
The useful question is therefore not about the buyer but about the property: whether it is free of the restriction. The answer is in section C of the land register extract and can be had quickly, before any offer.
Why there is less unrestricted stock in tourist municipalities
Provincial law 9/2018 provides that, where second homes exceed a set share of the housing stock, new dwellings and those created by conversion are reserved for residents. The stated aim is to keep housing available for the people who live and work in those municipalities.
The list of municipalities and hamlets concerned is kept and updated by the Province and is revised over time, so we do not reproduce it here as a fixed figure but point you to the official source. In the valleys with heavy tourism the practical effect is that a search for a second home concentrates on unrestricted existing stock.
What remains available
Existing dwellings without the entry, which make up a substantial part of the stock built before the rules took full effect. They are found throughout the province, tourist areas included, and are identified by exclusion: if section C carries no entry, the property is unrestricted.
A listing that does not mention the restriction supports no conclusion either way: the check is made on the land register extract. It is an ordinary request, it costs little and it is dealt with in a day.
Closed farms follow their own rules
A *maso chiuso* is an indivisible agricultural holding governed by its own provincial law; its transfer goes through the local closed-farm commission, which decides case by case. The outcome cannot be assumed in advance, and the timescales are not those of an ordinary sale.
Anyone considering the purchase of a farm as a home or a holiday property does well to involve a local notary from the first contact. The guide on inherited property, at the foot of this page, covers the same ground from the seller's side.
In short
- Ask for the land register extract before making any offer
- Read section C and check whether the entry is there
- Check the provincial source to see whether the municipality is covered
- Bear in mind that new build in tourist valleys is often restricted
- Ask the agency which properties are free of the restriction
- For closed farms involve a local notary from the first contact
Frequently asked questions
I am a German or Austrian citizen: does that change anything?
No. The residents' restriction looks at the tie to the province — residence or work here — and not at citizenship: a citizen of another EU country buys on the same terms as an Italian one. The differences you may meet concern tax treatment and access to lending, not the right to buy.
Can I let the home I buy to tourists?
If the property is free of the restriction, tourist letting depends on the planning, municipal and tax rules that apply in that municipality, and these need checking before the plan is built on them. If the restriction is there, that use is ruled out. They are two separate checks and both belong before the offer.
How do I look only at unrestricted properties?
By telling the agency so as your first criterion, before the area and before the budget. It is the piece of information that narrows a search the most, and anyone working here knows it property by property. You can also ask for it as you go, for each property put to you.
Official sources
Note
This guide is general information written by an estate agency. It does not replace advice from a notary, an accountant or the surveyor handling the property. The rules cited are those in force at the date of publication.
Read next
Restricted housing: who may buy it and live in it
Part of the housing for sale in the province of Bolzano is subject to the residents' restriction. We set out what it involves, who may live in such a home and how it is checked before an offer is made.
Seven checks to make before you buy
Before making an offer the buyer can carry out a number of checks unaided, at little cost. They concern the land register extract, the accuracy of the cadastral plan, the condominium, the energy certificate and the taxes.
The buyer's costs: tax, notary and commission
Besides the price, the buyer bears the tax on the deed, the notary's fee and the agency commission. We set out the individual items, with the statutory rates and the cases in which a reduced rate applies.
Looking for a home in South Tyrol?
Tell us what you are looking for — area, size, budget, whether the dwelling has to be free of the residents' restriction. We will flag what comes in, often before it reaches the portals.
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