Guide for sellers

Which documents you need to sell a home in South Tyrol

In South Tyrol the list is longer than in the rest of Italy, because the cadastre sits alongside a land register. Here is what is genuinely needed, who issues it, and the order worth collecting it in.

Start with the land register extract

The land register extract says three things on one page: what the property is (sheet A), who owns it and in what shares (sheet B), and what encumbers it — mortgages, usufruct, easements, rights of residence, restrictions (sheet C). It is the first document to ask for because everything else depends on what it says.

It is issued by the Province's Land Register and Cadastre Division; many municipalities and district communities issue it to the owner free of charge. Getting it before marketing rather than after accepting an offer is the difference between solving a problem calmly and discovering it at the notary's.

The title deed

This explains how the property became yours: the purchase deed, a gift, or — where it came from an estate — the succession declaration together with the land registry decree that recorded the transfer. With inherited property it is common for the succession to have been declared to the tax authority but never completed in the land register: until it is, nothing can be sold.

Cadastre and floor plan: conformity

You need the cadastral record and the deposited floor plan. The plan has to match the property as it stands: a wall moved, a veranda enclosed, a bathroom made where the drawing shows a store cupboard — these are discrepancies a surveyor must correct before the deed.

This is not a formality: in the deed the seller declares that the cadastral data and the plan match the actual state of the property, and an untrue declaration can void the deed. It is also the check the buyer's bank almost always makes.

Planning compliance

You need the building permissions — licence or concession, building permit, any later notifications and regularisations — and the habitability certificate. They are held by the municipality's technical office, which keeps the building file. On historic buildings, common in this province, that file can be patchy: one more reason to start early.

Energy certificate, condominium, mortgage

In the province of Bolzano the energy certificate must be attached to the contract: without it the contract can be declared void and penalties apply. If the property is in a condominium you also need the regulations, the thousandths table and a statement from the administrator on charges paid and works approved.

If a mortgage is still running, it is registered on sheet C and has to be cancelled: repaying the loan does not cancel it by itself. Cancellation in the land register takes its own time and belongs in the completion timetable.

The people's documents

Identity document and tax code for every seller, and the marital property regime where they are married: under community of property the other spouse's consent is required, and that has to be known before signing a preliminary contract, not after. Where a company or a minor is selling, or a legal guardian is involved, authorisations are needed and the timetable stretches.

In short

  • Current land register extract (sheets A, B and C)
  • Title deed — purchase, gift or registered succession
  • Cadastral record and floor plan matching the property
  • Building permissions and habitability certificate
  • Valid energy certificate, to be attached to the contract
  • Condominium papers and administrator's statement
  • Mortgage cancellation, where a loan was running
  • Sellers' identity documents and marital property regime

The questions we are asked most

How long does it take to collect all the documents?

If the position is clean, a few weeks: the land register extract is immediate, so are the cadastral record and the plan. What stretches the timetable is irregularities to regularise, an incomplete building file, or a succession not yet entered in the register — months, not days. That is why collecting starts before publishing.

Who pays for the documents, seller or buyer?

Documents about the state of the property — register extract, floor plan, building permissions, energy certificate — are the seller's cost, because the seller has to be able to show what is being sold. Registration tax and the notary's fee for the deed fall to the buyer, unless agreed otherwise.

Can I sign a preliminary contract without everything?

You can, and it is the most common way to lose a deal. If a discrepancy surfaces after signing, the buyer has a lever to renegotiate or withdraw, and you have already turned the other offers down. Better to reach the preliminary contract with the position verified.

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.

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