Notary Deed Documentation: What You Need To Know

The signing of a notary deed requires the submission of several documents. Below is a list of the main documents necessary for the signing of a real estate sales deed.

DOCUMENTS FOR THE SALE DEED OF INDIVIDUAL PARTICIPANTS

Individual participants in the notary deed must alternatively present for identification:

Identity card, ensuring to communicate any changes of address not yet registered in the card;
Driving license issued by the prefecture;
Valid passport.

For tax and administrative purposes, identification is carried out with the tax code. For individuals, knowledge of the tax code can be obtained through the tax code green card or the health insurance card.

Additional documents are also required depending on whether the individual is unmarried, married, separated, divorced, incapacitated, or non-EU citizens.

UNMARRIED

Unmarried individuals must present:

Certificate of singlehood/widowhood (on plain paper);
Copy of any cohabitation agreements.

MARRIED

Married individuals must present:

Extract summarizing the marriage certificate (on plain paper) issued by the Municipality where the marriage was contracted;
Copy of the separation of property deed;
Copy of the marital property separation agreement.

SEPARATED OR DIVORCED

Separated or divorced individuals must present:

Separation or divorce decree.

REPRESENTATION OF INCAPACITATED INDIVIDUALS

Incapacitated individuals must present:

Authorization from the judge for incapacitated subjects.

NON-EU CITIZENS

Non-EU citizens must present:

Residence permit or residence card for non-EU citizens.

ENTITIES AND COMPANIES: DOCUMENTS FOR THE SALE DEED

Entities and companies participating in the real estate sales deed must present for identification:

Identity card of the legal representative;
Deed of incorporation;
Current statute or updated articles of association.

For tax and administrative purposes, the identification of the entity or company is carried out with the tax code and VAT number. For entities, companies, or individual businesses, the tax code or VAT number is obtained through the Chamber of Commerce extract. The party involved in the deed must present the Chamber of Commerce certificate to the notary.

This certificate, unlike the simple Chamber of Commerce extract, has legal certification value, is valid for six months from the date of issue, and is enforceable against third parties. To obtain it, a specific request must be submitted to the Chamber of Commerce.

Additional documents are required in case of conflict of interest with the administrative body and for entities with a board of directors.

CONFLICT OF INTEREST WITH THE ADMINISTRATIVE BODY

In case of conflict of interest with the administrative body, the following must be provided:

Resolution of the shareholders’ meeting.

ENTITIES WITH A BOARD OF DIRECTORS

In the case of entities with a board of directors, the following must be provided:

Minutes book with signed resolutions.

THE ATTORNEY: WHICH DOCUMENTS TO PRESENT

In the case of attorney intervention in the deed, it is necessary to bring:

For individuals, the power of attorney in original or authentic copy issued by the Notary who keeps the original in their collection;
For entities and companies, the authentic copy of the power of attorney.

DOCUMENTS FOR THE SALE DEED TO BE PRESENTED BY THE SELLER

The selling party, in general, must provide a copy of the notarial deed of purchase with a note of transcription.

However, various documents are required depending on whether the selling party is a construction company or the origin of the property.

CONSTRUCTION COMPANY

If the selling party is a construction company, the following is necessary:

A ten-year insurance policy, in cases provided for by law.

PROPERTY DERIVED FROM SUCCESSION

If the property has been obtained through succession, the following must be provided:

Declaration of succession and the related tax payment receipt;
Death certificate;
Copy of the publication minutes of any will.

CONDOMINIUM

If the property is part of a condominium, the following is required:

Declaration of the condominium administrator;
Cadastral plan;
All building/planning measures relating to the house promised for sale;
Copy of the habitability certificate;
Energy performance certificate issued by a certified assessor;
Certification of compliance of the systems. If the certifications are not available, the parties must agree and declare in the deed their responsibilities and obligations.

PROPERTY SUBJECT TO MORTGAGE

If the property is subject to a mortgage, the following must be provided:

Copy of the loan agreement;
Receipt of loan repayment or last installment;
Possible copy of the notarial deed of consent to the cancellation of the mortgage.

PROPERTY LEASED TO THIRD PARTIES

In the case of property leased to third parties, the seller must provide:

Copy of the lease agreement;
Checking the pre-emption cases: for dwellings with termination of the contract and for commercial premises.

SALE OF LAND

If the sale concerns land, the following must also be provided:

Cadastral certificate and plan with boundaries;
Urban destination certificate;
Checking, for pre-emption purposes, of tenants or adjacent owners entitled;
Checking if the land is traversed by fire under Article 10 of Law No. 353/2000.

THE BUYER: WHICH DOCUMENTS TO PRESENT TO THE NOTARY

The buying party for the signing of the sales deed has a smaller volume of documentation to submit to the notary compared to the seller. The documentation to be submitted will only be the following:

A copy of the registered preliminary purchase contract;
The corresponding copy of the payment of taxes.

REAL ESTATE MEDIATION AND DOCUMENTS FOR THE SALE DEED

The parties may have used the services of a real estate agent. In this case, they must additionally present the following documentation:

Name, surname, place, and date of birth of the mediator who carried out the mediation and their registration number in the Mediation Agents Register;
Name, registered office, tax code of the company on behalf of which the mediator carried out the mediation and the company’s registration number in the Mediation Agents Register;
Details of the payment of commissions or a copy of the check(s) made for payment.

PURCHASE OF THE FIRST HOME AND RELATED PROPERTY AND DOCUMENTS FOR THE SALE DEED

If the property subject to the sales deed is a residence and it is possible, under certain conditions, to take advantage of first home tax benefits, then the documentation to be submitted to the notary will be as follows:

A copy of any purchase deeds of the previous home and the invoice from the seller and/or notary for the deduction of registration tax or VAT paid (tax credit).

The list of documents presented below may not be exhaustive for a specific sale. It is therefore always advisable to consult a lawyer in case of doubts.