One of the most common questions and concerns from buyers is: "When buying a house, do I also purchase the land underneath it?"
According to Italian legislation, land may belong to a private/legal entity or to the state.
In most cases, when purchasing a house, you also become the owner of the land on which it stands. In this case, the sales contract includes a provision for full ownership rights (piena proprietà).
There are instances (typically of interest to Italians for construction purposes) where only the right to build an aboveground or underground structure on a plot already owned by someone else is acquired. In such cases, the buyer will own only the building, while the land under the structure remains the property of its owner. This type of ownership will no longer be full and will be referred to as superficies - proprietà superficiaria or diritto di superficie.
How can you understand what you are purchasing?
In the ownership contract and cadastral documents (visura catastale), there will be a notation regarding the form of ownership. Review the documents to determine the form of ownership of the property you wish to acquire:
Piena proprietà — you have full ownership rights to the building and the land beneath it.;
proprietà superficiaria — you have the right to possess the property standing on a plot owned by another owner;
proprietà demaniale — state ownership.
According to Italian legislation, land may belong to a private/legal entity or to the state.
In most cases, when purchasing a house, you also become the owner of the land on which it stands. In this case, the sales contract includes a provision for full ownership rights (piena proprietà).
There are instances (typically of interest to Italians for construction purposes) where only the right to build an aboveground or underground structure on a plot already owned by someone else is acquired. In such cases, the buyer will own only the building, while the land under the structure remains the property of its owner. This type of ownership will no longer be full and will be referred to as superficies - proprietà superficiaria or diritto di superficie.
How can you understand what you are purchasing?
In the ownership contract and cadastral documents (visura catastale), there will be a notation regarding the form of ownership. Review the documents to determine the form of ownership of the property you wish to acquire:
Piena proprietà — you have full ownership rights to the building and the land beneath it.;
proprietà superficiaria — you have the right to possess the property standing on a plot owned by another owner;
proprietà demaniale — state ownership.
