If you have found an apartment in a historic palazzo, a penthouse, a new-build flat or an off-plan unit in Milan, the time to involve an independent property lawyer is before you sign an offer, pay a reservation fee or transfer a deposit. Govoni Law reviews the property, the documents and the proposed contract from the buyer’s side, in clear written English, so you know what you are committing to before it becomes binding.
Milan is Italy’s most international city for business, finance, fashion and design, and one of its most active property markets. Foreign buyers and relocating professionals look for homes in Brera, Magenta, Porta Nuova, Isola, CityLife, the Navigli, Porta Romana and City Life’s surrounding districts, often at price points well above the national average.
The legal risks in Milan are different from those in the countryside or on the coast. They concentrate in condominium buildings, attic conversions, garages and cellars sold as separate units, and in new residential projects. Since 2024, investigations into how certain new developments in Milan were authorised have also shown how exposed a buyer can be when a project’s planning basis is later challenged.
Govoni Law is an independent Italian law firm assisting foreign buyers throughout Italy. We act only for the buyer, never for the seller, the developer or the estate agent.
In Milan, the most important document is often the one issued before the building existed.
Send us the listing, the documents received and the draft offer before you commit.
Short answer: do you need a property lawyer to buy in Milan?
A separate lawyer is not always legally required in Italy. In Milan, independent buyer-side review is strongly advisable because many purchases involve condominium buildings with significant approved works, penthouses created through attic conversions, garages and cellars that must be included as separate units, and new or off-plan developments where the planning basis, guarantees and delivery dates must be verified.
A lawyer acting for you checks whether the seller or developer can validly sell, whether the apartment and its accessories match the documents, whether the building’s planning position is sound and whether the offer protects your money if a problem emerges. The notary is essential at the final deed, but the decisions that matter are usually made earlier.
Before you sign: when you should not proceed yet
These situations are common in Milan. Each of them calls for answers before you are contractually bound.
| Situation | Why it matters before signing |
|---|---|
| You are asked to sign an offer or reservation within days | An accepted offer can bind you long before the notary |
| A developer requests a reservation fee or staged payments | Advance payments must be protected and linked to clear obligations |
| The building is new or under construction | Its planning title and the procedure used to authorise it must be verified |
| The apartment is a penthouse or attic conversion | Attic conversions must meet specific requirements to be lawfully habitable |
| A garage or cellar is presented as included | In Milan these are often separate cadastral units and must be sold explicitly |
| The building has approved façade, roof or energy works | The cost may fall on the owner at the time of payment |
| The apartment has been merged with another or reconfigured | Layout changes must match the planning and cadastral records |
| A terrace or rooftop is described as private | It may be a common part assigned for exclusive use |
| You plan to let the apartment short term | Condominium rules and local regulations may restrict it |
If one or more of these applies, the next step is a legal review, not a faster signature.
When should you contact a property lawyer in Milan?
The right moment is as soon as a property becomes a serious candidate, and certainly before you sign a purchase offer, reservation agreement or preliminary contract.
At that stage you can still ask for missing documents, verify the building’s planning title, negotiate conditions into the offer, reduce your deposit exposure or decide not to proceed.
Buyers usually contact us when:
- An agent has sent a draft offer for an apartment in a central district.
- A developer has asked for a reservation fee on a new-build or off-plan unit.
- The seller wants a deposit quickly because another buyer is interested.
- The penthouse, terrace or garage raises questions the agent cannot answer.
- They are relocating to Milan for work, or live in the United Kingdom, the United States, Switzerland, the Middle East or elsewhere, and want written legal advice before travelling or signing remotely.
What we check before you make an offer
The scope depends on the property and the stage of the transaction.
| What we check | Why it matters in Milan | What can go wrong if it is checked too late |
|---|---|---|
| Seller or developer identity and authority | Many apartments are sold by companies, funds or heirs | Signatories without authority or unexpected co-owners |
| Title history and registered burdens | Mortgages on developer projects must be released or split | Burdens that remain on your unit |
| Building planning title | New and converted buildings need a sound authorisation | Delays, seizures or challenges to the building’s status |
| Attic and penthouse conversions | Conversions are subject to specific regional requirements | A penthouse that is not lawfully habitable as sold |
| Cadastral records and floor plans | Mergers and reconfigurations are frequent | Differences between the apartment as viewed and as documented |
| Garage, cellar and parking | Often separate units with their own title | Paying for a garage that is not in the sale |
| Condominium position | Older buildings often have major works planned or approved | Unexpected costs after completion |
| Terraces and common parts | Rooftops and courtyards may be common or for exclusive use | Paying for space you do not own |
| Developer guarantees and delivery terms | Off-plan purchases involve money paid before completion | Unprotected payments or vague delivery dates |
| Offer, deposit and preliminary contract | These define your obligations before the deed | Exposing the deposit unnecessarily |
For a general checklist of what to request, read What Documents Should You Ask for Before Buying Property in Italy?.
Historic apartments, penthouses, new builds and off-plan projects
Each type of Milan property carries its own legal questions.
Apartments in historic palazzi and period buildings
Many of Milan’s most desirable homes are in nineteenth- and early twentieth-century buildings, from grand palazzi in Brera and Magenta to converted case di ringhiera around the Navigli and Isola. These apartments have often been merged, divided or reconfigured over time. The buyer should confirm that the current layout matches the planning and cadastral records and that shared courtyards, balconies and terraces are correctly allocated.
The condominium becomes part of the purchase. For the checks on rules, charges, debts and approved works, see Buying an Apartment in Italy? 9 Checks First.
Penthouses and attic conversions
A large number of Milan penthouses were created by converting former attics into living space. Lombardy allows this under regional rules, subject to requirements on height, the lawful status of the building and the payment of fees. A penthouse created without meeting those requirements may not be lawfully habitable as sold.
The buyer should verify how and when the attic was converted, which authorisation was used and whether the result matches the documents. For how to approach differences between an apartment and its records, read Planning Irregularities in Italian Property: What Buyers Must Check Before Making an Offer.
New builds and recently completed buildings
Milan has seen extensive new residential development in the last decade. Since 2024, investigations into the authorisation procedures used for a number of new projects have led to construction sites being seized and to delays in completions, leaving some buyers with apartments paid for but not delivered. Some proceedings have since ended in favour of those involved. The broader lesson for buyers is clear: the planning title of a new building is not a formality.
A buyer should know which authorisation the building was based on, whether it has been challenged and whether the contract protects the buyer if completion is delayed or blocked.
Off-plan apartments from developers
When you buy from a developer before completion, your money is exposed until the final deed. The advance-payment guarantee, the specifications, the delivery date and your remedies must all be verified. Before paying a reservation fee, read Can You Trust an Italian Developer’s Bank Guarantee Before Buying Property?.
A new building feels safe because it is new. Its paperwork is what makes it safe.
Brief, Light Due Diligence or Full Legal Due Diligence: which level do you need?
Govoni Law offers three levels of buyer-side protection, matched to the stage of the transaction and the value at risk.
| Level | Best for | What you receive |
|---|---|---|
| Before You Sign Brief | You have a listing, a draft offer, a reservation form or partial documents | A written first assessment of visible risks, missing documents and next steps |
| Light Due Diligence | One defined issue needs a substantive answer, such as the attic conversion, the garage, the developer guarantee or the offer terms | A focused written review of that issue and the protections required |
| Full Legal Due Diligence | You are committed to a high-value apartment, a penthouse or an off-plan unit | A structured investigation of title, burdens, planning position, condominium, developer documents and contract terms |
For penthouses, new builds, off-plan purchases and apartments in buildings with major works planned, Full Legal Due Diligence is usually the right level before a binding commitment. The Brief is the natural first step while you are still deciding.
For our national work, see Italian Real Estate Lawyers for Foreign Buyers.
Can you buy property in Milan remotely?
Yes. Many of our clients buy while still living abroad, often before relocating for work. Our method is written-first: you send the listing, documents and draft contract, and you receive structured legal advice in English that you can share with your employer, your family, your bank or your other advisers.
Remote buying makes accurate documents, translations, payment timing and any power of attorney more important. Where appropriate, a transaction-specific power of attorney allows a representative to sign on your behalf. For the full structure, see Remote Property Purchase in Italy for Foreign Buyers.
Does the notary protect the buyer?
The Italian notary is an independent public official who authenticates the final deed, carries out the formal checks it requires and handles registration.
The notary does not normally inspect the apartment, verify whether an attic conversion meets regional requirements, assess whether a new building’s authorisation could be challenged or advise you whether to accept a risk before you sign the offer or pay a developer. Those questions are answered earlier. For a clear comparison, read Notary vs Lawyer When Buying Property in Italy.
A practical example: a penthouse in Porta Romana
A British executive relocating to Milan finds a penthouse in Porta Romana with a large terrace, a converted attic bedroom, a garage and a cellar. The agent sends a draft offer and asks for a deposit within a week.
Before signing, the buyer needs to know whether the attic bedroom was converted with the required authorisation and meets the regional requirements, whether the terrace belongs to the apartment or is a common part assigned for exclusive use, whether the garage and cellar are separate cadastral units included in the sale, whether the condominium has approved façade or roof works and whether the offer allows withdrawal if these points are not confirmed.
A Before You Sign Brief identifies these questions and the missing documents quickly. Once the buyer decides to proceed, Full Legal Due Diligence verifies them, and the offer is drafted with conditions that protect the deposit while the checks are completed.
The buyer still moves into the penthouse. They know that every room in it is lawfully theirs.
What Govoni Law does and does not do
We provide buyer-side legal review, legal due diligence, title and document checks, analysis of registered rights and restrictions, review of developer documents, review and negotiation of offers and preliminary contracts, and coordination with the notary and technical professionals where needed.
We do not sell property, act as a property finder, arrange mortgages, provide tax or relocation planning, issue architectural or engineering opinions, or guarantee planning outcomes. Where those matters arise, we identify the qualified professional you need.
Frequently asked questions
Do foreign buyers need a lawyer to buy property in Milan?
A separate lawyer is not always legally required. Independent buyer-side advice is strongly advisable before signing an offer or paying a deposit, particularly for penthouses, apartments in buildings with major works, new builds and off-plan purchases.
Is it safe to buy a new-build apartment in Milan?
It can be, if the building’s planning title, the developer’s documents, the guarantees for advance payments and the delivery terms are verified before you pay. Recent investigations in Milan have shown why these checks matter.
What should I check before buying a penthouse in Milan?
Check how and when any attic was converted, which authorisation was used, whether the terrace is owned or only for exclusive use, the condominium position and whether the layout matches the documents.
Is the garage included when I buy an apartment in Milan?
Not necessarily. Garages and cellars are often separate cadastral units. They should be identified in the documents and expressly included in the offer and deed.
Can you review a developer’s reservation agreement in Milan?
Yes. Send the reservation agreement, the payment schedule and any guarantee documents. We will explain what they commit you to and what protection they actually provide.
Do you work only in Milan?
No. Govoni Law assists foreign buyers throughout Italy, including Lake Como, Lake Maggiore, Lake Garda, Liguria, Umbria and Sicily.
If you are considering an apartment, penthouse or new-build home in Milan, contact Govoni Law before signing an offer or transferring a deposit. Send the listing, the documents received and the draft offer, and we will tell you in writing which level of review your purchase needs.
In Milan, buy the address you want. Then make sure the building behind it is as solid on paper as it is in steel.