Buying a donated real estate in Italy: now is safer

Introduction

Buying a property that has been donated is now safer. Law 182/2015 eliminates the risks that, until recently, existed for those buying a donated property.

This change has a significant positive impact, not only on the increased marketability of such properties, but also on simplifying the process of obtaining bank mortgages.

The situation prior to the reform: a brief overview

For a long time, the donated origin of a property brought with it legal uncertainty and difficulties in marketability, due to the instability this entailed.

The previous regulations stipulated that purchasers of properties acquired by donation could find themselves involved in inheritance disputes, even many years after the purchase; such disputes could also result in the purchaser being obliged to return the property itself.

It is easy to see how such a risk led to major difficulties in the marketability of donated properties and difficulties in registering mortgages as security for banks and credit institutions.

This situation led to requests for additional guarantees, which were often costly and in any case difficult to obtain.

In other words, if a gift infringed upon the statutory share, the entitled heir could bring an action for reduction. In the event that the gifted property had been sold to a third party, the aggrieved entitled heir could also take action against the third-party purchaser for the return of the property.

It is clear how this system rendered the transfer of real estate ‘unstable’ for a potentially long period of time.

The importance of the law reform

The 2025 reform abolished the action for restitution against third-party purchasers of property acquired by gift, thereby increasing the stability of transfers.

Today, therefore, as is already the case in other European legal systems, it is no longer possible to bring a real action, aimed at the restitution of the property, against third-party purchasers.

Under the reform, the aggrieved heir may bring a personal claim against the donee, seeking to satisfy a financial claim.

In this way, whilst maintaining the protection of heirs, the reform alters its nature, as the action shifts from a real action to a personal claim.

In all cases, mortgages registered by the donee are not affected by the action described above.

In any event, the principle of priority of registration remains in force, according to which the claim for reduction brought by the heir does not prejudice the rights of third parties or third-party purchasers, except in cases where the claim is registered prior to the registration of the acquisition of rights in rem over the immovable property (Article 2652 of the Civil Code).

Transitional regime

The transitional regime is a temporary regulatory phase that applies when a system moves from old to new legislation; the aim is to mitigate the impact of the changes through an adjustment period.

The reform provides for a transitional regime that allows heirs to register actions already initiated within a specified period; once this period has elapsed without action, real actions against third-party purchasers can no longer be brought.

The impact on the property market

The impact on the property market is expected to be significant.

The greater certainty and stability of the transfer leads to greater ease of property circulation (in other words: whereas in the past those interested in a property would very often abandon the purchase for fear of having the property literally snatched away from them, with the reform, this risk is no longer a reality).

Furthermore, as mentioned above, obtaining a mortgage or loan from banks is also simpler, even in the case of properties acquired through donation.