Properties Received as Gifts: Towards Full Marketability
What Changes Under the New Rules and Why the Market Looks Ahead with Confidence
In the Italian real estate landscape, properties originating from a donation have always been a sensitive issue.
For many years, selling a donated property was surrounded by doubts and caution, due to the risk that, under certain circumstances, the donor’s heirs might claim restitution of the asset.
Today, however, the regulatory framework is changing. With the new measures introduced between the end of 2024 and the beginning of 2025, the marketability of donated properties is entering a new phase of clarity and security.
Why donated properties were considered “at risk”
The difficulty in selling a donated property stems from the legal protection granted to so-called “forced heirs.”
If a donation made during the donor’s lifetime reduces the reserved share of the inheritance due to children, spouse, or other direct heirs, these individuals may challenge the donation and request reduction or restitution of the property — even from a later buyer.
This potential claim remained active for up to twenty years from the registration of the donation or ten years from the donor’s death.
As a result, many banks were reluctant to issue mortgages on donated properties, and many buyers avoided such transactions altogether, fearing possible future disputes.
The 2024–2025 reform: what’s new
With Legislative Decree No. 139/2024, effective from January 1, 2025, and the latest provisions of the 2024 Budget Law, the system governing inheritances and donations has been reformed, introducing stronger protection for good-faith purchasers.
Key innovations include:
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End of the “coacervo successorio”: donations made during the donor’s lifetime will no longer be added to the estate when calculating inheritance taxes. This simplification makes the process more transparent and predictable for both taxpayers and professionals.
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Limited restitution rights: under the new rule, if a donation violates the heirs’ reserved share, they may now claim only monetary compensation from the donor (or their estate) — not restitution of the property from the subsequent buyer. This change effectively opens the way to the free marketability of donated real estate.
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Simplified procedures: new tax codes, digitalized documentation, and greater transparency in notarial records make the process faster and more accessible.
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Stronger insurance protection: “safe donation” insurance policies, already widespread in recent years, are now recognized as a standard guarantee to mitigate any residual risk and reassure banks as well as buyers.
Market impact
These reforms are already having a positive effect on the real estate market.
According to sector reports, confidence is increasing toward properties of donative origin, especially when documentation is complete and the donation was registered more than twenty years ago or the donor has been deceased for over ten.
The new framework encourages a more transparent and fluid market, where traceability and professional guidance play a key role.
Buyers can now consider donated properties with greater peace of mind, while sellers can finally unlock family assets that have remained immobilized for years.
What sellers and buyers should know
For sellers
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Verify the date and registration of the donation, as well as the absence of any recorded objections by potential heirs.
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If the donation is recent, consider offering a dedicated insurance policy to guarantee the buyer full protection.
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Disclose the property’s history openly and provide copies of the notarial deed — transparency builds trust and speeds up negotiations.
For buyers
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Always request full documentation: the original deed of donation, date of registration, and, if available, an insurance certificate.
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Work with a notary and an experienced real estate agent to verify the inheritance situation and assess any remaining risks.
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When financing is involved, clear documentation and insurance coverage can make mortgage approval easier.
A new balance between legal certainty and market freedom
With the 2024–2025 reform, the marketability of properties originating from donations enters a phase of stability.
The new approach protects rightful heirs while avoiding unnecessary penalties for good-faith buyers and the market as a whole.
It represents a shift toward a more modern balance, where legal certainty and property circulation coexist harmoniously.
Those who sell or buy with professional guidance and proper documentation can now approach negotiations with confidence — turning what was once a source of hesitation into a mark of transparency and reliability.
