It sounds like a straightforward idea: you own a piece of land with a house on it and decide to sell only the land, keeping the building for yourself. But is that actually possible under Italian law, or does selling the land automatically include everything built on it?
The answer lies in a fundamental legal principle that many people overlook.
How real estate sales work in Italy
Written form is required, but registration is what protects you
In Italy, selling property, whether it’s land, a house, or both, requires a written contract. Technically, even a private agreement between the parties is enough to make the sale valid.
However, to make that sale legally secure and enforceable against third parties, it must be registered in the land registry. And for that step, a notary becomes essential.
This is not just a formality. If the same property were sold twice, the law protects the person who registered their deed first, not necessarily the one who signed first. That’s why, in practice, real estate transactions almost always go through a notarial deed.
The core rule: land and buildings are legally one The principle of accession
Under Italian law, there is a principle called accession. In simple terms, it means that whoever owns the land also owns everything built on it.
This has a direct consequence:
if you sell a plot of land, you are also selling any building on it, even if the house is not specifically mentioned in the contract.
This happens automatically, by operation of law.
Can you sell the land but keep the house?
Yes, but only with a specific legal structure
If you want to separate the two, you must take a precise legal step.
The contract must clearly state that the building is excluded from the sale and, at the same time, establish a right of superficies in favour of the seller.
Without this, the default rule applies, and the buyer acquires both the land and the building.
What is the right of superficies?
The exception that allows ownership to be split
The right of superficies is a legal mechanism that allows a person to own a building on land that belongs to someone else.
By creating this right:
- the buyer becomes the owner of the land
- the seller retains ownership of the building
In many cases, this arrangement also requires additional legal elements, such as a right of way, to ensure access to the property.
A practical example
When intention is not enough
Imagine you own an olive grove with a small house and decide to sell only the land.
If you sign a standard contract:
- the buyer will own both the land and the house
If instead you:
- explicitly exclude the house from the sale
- establish a right of superficies
then:
- the buyer owns the land
- you remain the owner of the house
Why this matters more than you think
Small details, major consequences
This is not just a technicality. Many people assume they can separate land and buildings informally, but without the correct legal structure, the law will not recognise that separation.
The result can be unintended transfers of ownership, disputes, or even the loss of valuable rights.
The key takeaway
One rule, one exception
In Italian law, land and buildings are treated as a single unit unless you actively separate them.
So, if you plan to sell land but keep the house, you must:
- clearly state it in the contract
- establish a right of superficies
Otherwise, selling the land means selling everything on it, whether you intended to or not.
VGS Family Lawyers is a law firm that offers assistance to English-speaking clients with interests in Italy. In case you need assistance, please write to: info@vgslawyers.com