Resolution 42/E: sale with reserved ownership, registration and cadastral transfer

In brief: with resolution No. 42/E of 4 November 2026, the Italian Revenue Agency (Agenzia delle Entrate, Central Directorate for Cadastral Services, Mapping and Real Estate Advertising) answers queries on property sales with a reserved ownership clause (patto di riservato dominio, arts. 1523 et seq. of the Civil Code). The clause must be mentioned in the transcription note, indicating the type of deed, and the obligation to request the cadastral transfer arises already on execution and registration of the deed, without a second transfer on payment of the final instalment.

What does resolution 42/E say?

The resolution responds to application uncertainties which, according to the Agency, have led to non-uniform solutions both for real estate advertising formalities and for updating cadastral records. In a sale with reserved ownership, the buyer has enjoyed the property and borne its risks, while ownership passes with payment of the final instalment (art. 1523 of the Civil Code). The Agency treats the deed as a definitive sale contract with deferred transfer effect, without the need for a new expression of will by the parties.

What are the three indications?

Area	Agency's indication
Real estate advertising	the reserved ownership clause must be mentioned in the transcription note, pursuant to art. 17, para. 4, of Law No. 52 of 1985, also indicating the type of deed (“sale with reserved ownership”) in the field dedicated to specifying the deed
Cadastral transfer	the obligation arises already upon execution and registration of the deed (art. 3 of Presidential Decree No. 650 of 1972); the subsequent full payment of the price does not entail a further transfer
Cadastral records	no further annotation of the reservation is needed: the ordinary updating procedures apply, using the information from the transcription formality

And when the buyer pays the final instalment?

The resolution specifies that knowledge of the transfer effect is ensured by the subsequent annotation of the deed certifying that the full price has been paid. Registration of the property in the buyer's name, the Agency writes, is an update of the records and does not affect civil-law ownership, which remains with the seller until final payment.

What to do in the office, client by client

• Identify clients who bought or sold a property with a reserved ownership clause, or who are negotiating a sale by instalments.
• Check the transcription note with the notary: it must mention the reservation and indicate the type of deed.
• Verify that the transfer was requested after registration and not postponed until the final payment.
• Note the date of the final payment of the last instalment: from then on, the annotation certifying full payment is needed.

Advice on a property sale is a service that goes through the client's anti-money laundering due diligence, and tax advice carries its own risk level under the CNDCEC Technical Rules (Regole tecniche CNDCEC). With the free due diligence checklist using the CNDCEC Technical Rules method you set up the client file before assisting them.

Sources

• Agenzia delle Entrate, resolution No. 42/E of 4 November 2026, “Real estate sale deeds with reserved ownership pursuant to arts. 1523 et seq. of the Civil Code – real estate advertising formalities and cadastral transfer”, accessed 5/11/2026