Listed homes: how the public right of pre-emption works

Villas, palazzi and historic houses declared of cultural interest can be sold and bought, but with an extra procedure that changes timing and conditions.

The notification

Anyone selling a cultural asset must notify the transfer to the Ministry of Culture (through the competent Superintendency) within thirty days of the deed (Article 59 of Legislative Decree 42/2004).

The right of pre-emption

The Ministry, or the Region and the local authorities concerned, can buy the property at the same agreed price (Article 60). They have sixty days from the notification; one hundred and eighty if the notification is missing, late or incomplete (Article 61).

In the meantime the deed is suspended and the seller cannot hand over the home. That is why, in the agreement, the balance of the price and the keys are tied to the end of the pre-emption period.

If the rules are not followed

Article 164 declares void any acts carried out against the prohibitions of the cultural heritage law or without the required conditions. If the notification is missing, late or incomplete, the right of pre-emption can be exercised for one hundred and eighty days, and failure to notify is punishable (Article 173).

What to check

The listing results from a declaration of cultural interest recorded in the property registers. The notary finds it in the searches, but it is better to know before the offer, and to state in the offer that the sale is conditional on the right of pre-emption not being exercised.