Notary Liability in Italy: the New 15-Year Limit

In Italy, every property purchase is completed with a final deed (rogito) signed before a notary (notaio). The Italian notary is a public official, not a lawyer acting for you: among other things, the notary checks mortgages and charges on the property, the seller's title and the land registry data. If the notary makes a mistake, the buyer can claim damages. Since June 2026, however, Italian law sets a firm time limit: fifteen years from the deed.

What the new rule says
Article 9 of Decree-Law no. 100 of 12 June 2026, converted by Law no. 145 of 7 August 2026, does two things:

• the ordinary ten-year limitation period (art. 2946 Italian Civil Code) still applies, running from when the damage could be discovered;
• in any case, no claim against the notary can be brought more than fifteen years after the notary's service, usually the date of the deed.

The fifteen years are an outer limit: once they have passed, the claim is gone, even if the problem only came to light later.

Why this matters
Before, there was no ceiling. The ten years only started when the client could discover the damage, which often happened long after the purchase: on resale, on an inheritance, or when a bank checked the papers for a mortgage. A mistake made twenty years earlier could still be challenged. Not any more.

Which deeds are covered
The limit applies to notarial services performed after the decree came into force in June 2026, even if the notary was instructed earlier. Older deeds remain under the previous rules.

An open question
Italian notaries' national council (Consiglio Nazionale del Notariato) argues that the ten years should start when the deed is entered in the public property registers, normally within days of completion, because from then on the data is public. Italian courts have yet to decide. If they agree, the time to act will be even shorter.

What it means if you are buying
Do your checks before completion, not years later:

• have the property's planning and land registry compliance checked before the preliminary contract (compromesso);
• ask for up-to-date searches on mortgages and land registry records (visure), and read the draft deed carefully, with a translation if you need one;
• keep a copy of the deed and its attachments;
• if something looks wrong after the purchase, have it checked straight away.

Do not assume the rules of your own country apply: in Italy, the notary's role and these time limits are set by Italian law.

We guide you to completion
Aquamarina Real Estate has helped international buyers in Sanremo, Bordighera and across the Riviera di Ponente since 2003. Before you sign, we check the property documents with you and work with the notary through to completion.
Call +39 0184 26.16.87 or visit our offices in Sanremo, Via Roma 32, and Bordighera, Via Vittorio Emanuele 302.

Read also: The Compromesso: Signing a Preliminary Contract in Italy · Building Compliance When Buying in Liguria · Properties for sale

Want the full guide?
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This article is for information only and does not replace advice from a lawyer or notary.