Real Estate donations: what changes with the new law
After more than a decade, the reform on real estate donations—promoted by the National Council of Notaries to protect buyers receiving donated property—has finally become law.
The new legislation introduces a pivotal shift: it guarantees that those who receive or purchase a property previously donated by a seller no longer risk having it reclaimed by rightful heirs in the future.
The new regulation eliminates the action of restitution against third-party buyers, without affecting the protection rights of forced heirs. However, this protection can no longer be exercised against the property transferred to a third party; instead, it takes the form of a compensatory credit against the donee to offset any potential infringement of the legitimate share.
New law on Real Estate donations approved
This long-awaited reform is a breakthrough that will have a massive impact on the real estate market and, above all, on the peace of mind of buyers, sellers, and families involved in property donations.
Until now, properties originating from donations were often considered “at risk.” This was because the donor’s forced heirs (children, spouse, parents) could demand the return of the asset even many years later. This made such homes difficult to sell and frequently resulted in banks refusing them as collateral for mortgages. It was a system that generated uncertainty and instability, penalizing sales and hindering access to credit.
What changes for property donations
In detail, the reform introduces a fundamental turning point: anyone purchasing a property originating from a donation is now protected by the new regulations, which prevent forced heirs from taking legal action against them to reclaim the asset.
In the event of an infringement of inheritance rights, the heir may only take action against the donee to claim the equivalent value, but can no longer target a buyer who was not a party to the donation.
Transitional provisions for donations made prior to the new law
A transitional regime is provided for donations made prior to the entry into force of the new law (December 18, 2025).
Aggrieved heirs may still take action against the purchaser, provided that they record a notice of opposition within six months of the law’s publication, as set forth in Article 44 of Law 182/2025.
A concrete benefit for the entire Real Estate market
According to statistical data from the Notary Council, approximately 200,000 real estate donations take place in Italy every year, and that number is growing. The new legislation represents a concrete response to a real national need, simplifying the circulation of assets and encouraging the freedom of negotiation for citizens and industry operators.
To recap, the reform:
- Protects buyers
- Reduces risks for families;
- Provides legal certainty;
- Strengthens the stability of real estate transactions.
This is a landmark law for anyone looking to buy or sell a property that was once a gift.
