Donated Properties: the Turning Point Is Now Official

LT Immobili & Design 18 December 2025

(and we were already talking about it back in October)

We were already discussing it last autumn, when the reform was still under development and the real estate sector was waiting for confirmation.

Today, we can state it clearly: the new rules on the free circulation of properties acquired through donation are now official.

This is a long-awaited development and undoubtedly good news for the Italian real estate market.

For many years, properties acquired through donation represented a critical issue in real estate transactions. The main concerns were well known:

• the risk of restitution claims by forced heirs;

• difficulties in obtaining mortgage financing;

• requests for specific insurance policies;

• devaluation compared to properties with a different legal origin.

The issue was not the property itself, but the legal uncertainty surrounding it.

With the entry into force of the new regulation, the legal framework has changed significantly.

Anyone purchasing a property of donated origin can no longer be forced to return the property in the event of future inheritance disputes.

Forced heirs retain their rights, but they can no longer claim the return of the property. Any action is now limited to a financial compensation claim against the original beneficiary of the donation.

The property now enters the market with a stable and reliable title, drastically reducing perceived risk.

Before the reform

• risk of restitution even against third-party purchasers;

• strong caution from banks;

• frequent requirement of insurance policies;

• delayed or abandoned transactions.

After the new law comes into force

• buyers no longer risk losing the property;

• inheritance disputes do not affect the property itself;

• greater openness from banks regarding mortgages;

• donated properties become fully marketable.

It is crucial to be clear on this point:

the new law does not have retroactive effect.

This means that:

• it applies only to transactions completed after its entry into force;

• it does not automatically alter existing legal situations;

• earlier cases remain governed by the previous legal framework and notarial assessments.

A necessary clarification to avoid misunderstandings and unrealistic expectations.

The positive effects are clear:

• increased market liquidity;

• a larger number of properties that can actually be sold;

• reduced penalties linked to donated origin;

• improved access to mortgage financing;

• better preservation and enhancement of family real estate assets.

Properties of donated origin finally leave a long-standing legal grey area.

This reform does not rewrite the past, but sets a clearer framework for the future.

It rebalances inheritance rights without undermining buyer protection, strengthens trust in transactions and contributes to a more mature, transparent and efficient real estate market.

For buyers, sellers and real estate professionals alike, this represents an important and positive step forward.

Yes. Under the new law, properties of donated origin are fully marketable and are no longer subject to restitution claims against the buyer.

No. Purchasers for value are now fully protected. Any inheritance disputes cannot affect the acquired property.

No. Forced heirs retain their rights, but protection no longer takes the form of property restitution, only potential financial compensation.

No. The law is not retroactive and applies only to transactions completed after its entry into force. Previous situations remain subject to the former rules.

The reform moves clearly in this direction. By eliminating the risk of restitution, donated properties are more easily accepted by banks, although final approval always remains at the lender’s discretion.