- No risk of expropriation: Heirs who have been disadvantaged in their legitimate inheritance can no longer recover the property from the buyer; their claim is now exclusively financial and directed against the seller.
- Immediate legal certainty: The infamous 20-year period from the entry of a gift in the public register no longer applies to new buyers.
- Easier financing: As the risk for banks has disappeared, mortgages on inherited properties are now easier and cheaper to obtain.
- 3-year term: Claims for abridgement of testamentary dispositions for violation of legitimate inheritance: if the registration takes place more than 3 years after the opening of the inheritance, a court decision granting the claim will not adversely affect third parties who have obtained rights from the heir or legatee against payment, based on a deed registered or recorded before the registration of the claim. As a result, the process of title clearance significantly simplified.
- Transition period: A short transitional arrangement applies to pending cases until June 2026.
The amended Italian Real Estate Act 2026 - explanatory notes
Are you looking for a first home or a holiday home in Italy? Then there is excellent news. Thanks to new legislation in 2026, buying a property acquired via inheritance or donation has become significantly safer, simpler and more attractive.
On 26 November 2025, the Italian parliament passed the “Ddl Semplificazioni” (Simplification Law) was approved. Effective since 18 December 2025, this reform of the Italian Civil Code protects buyers from historical risks such as the Azione di Restituzione (claim for restitution).
Key benefits for property buyers in Italy
No more risk of losing property
Previously, heirs disadvantaged in their legitimate inheritance could reclaim the property up to 20 years after the inheritance, even if it had been sold to third parties in good faith. The new rules fundamentally change this:
- Abolition of restitution: An heir's right to reclaim the property itself (Azione di Restituzione) has been abolished for new cases.
- Financial claim only: Claims by heirs are now purely financial and should be brought against the seller, not the buyer.
- Legal certainty: As a buyer, you remain the permanent owner of the property.
Abolition of the infamous 20-year term
Homes inherited less than 20 years ago were previously considered “legally sensitive”, causing many buyers to drop out.
- Instant protection: Once the purchase is officially completed and registered, your property is protected. There is no more waiting period.
- The new 3-year rule: An heir must register a claim in the land registry within 3 years of the original owner's death to assert it against the seller. For you as a buyer, this means that legal due diligence by a lawyer can be done much faster.
Getting a mortgage gets easier
As the risk of a bank losing its security (the property) was removed, the terms of financing also changed:
- Banks are more willing to provide mortgages on inherited or donated homes.
- Expensive gift risk insurance is no longer required in most cases.
- The buying process becomes faster, simpler and cheaper.
Legal improvements: Trascrizione and Rinuncia abdicativa immobiliare
The legislation also addresses well-known bottlenecks in Italian law:
- Tacit acceptance (Trascrizione Accettazione Tacita): The new law simplifies the formal acceptance of an estate during the sale process and avoids bureaucratic delays.
- Abdicative surrender of property (Rinuncia abdicativa immobiliare): A unilateral deed by which the owner renounces the right of ownership. The “vacated” property passes to the State (e.g. Civil Code Article 827). There is an obligation to attach documentation showing compliance with town planning, environmental and seismic regulations; failing this, the deed is void. The purpose is to prevent irregular or non-compliant properties from being transferred to the State in this way.
Important transitional arrangement
Although the law applies immediately to new sales, until June 2026 a transition period:
- Existing claims: Heirs who started proceedings before the Act came into force (or within six months of 18 December 2025) will retain their former rights.
- Opinion: If you are buying a property that was inherited less than six months ago, ask the notary explicitly to check whether there is an objection (atto di opposizione) has been submitted.
Conclusion on Italian real estate law
Whether you are investing in a holiday home or planning to emigrate to Italy: thanks to this reform, inherited properties have become a safe and fully legal purchase option.