Until now, buying properties originating from a donation was often seen as risky: many buyers feared potential claims from the donor’s heirs, and banks were reluctant to grant mortgages on these assets.

Since December 18, 2025, a very important reform has come into force that radically changes this scenario and makes the circulation of donated properties safer, simpler, and more “normal.”

In this article, I explain what really changes, in practical terms.

What the law provided before

If a property originated from a donation, the donor’s forced heirs (children, spouse, etc.), in the event that their reserved share was violated, could take legal action not only against the donee (the person who received the property), but also against anyone who had subsequently purchased it, even requesting the return of the property.

This created significant legal uncertainty for buyers, difficulties in obtaining mortgages, and frequent use of insurance policies and complex contractual solutions. Hence the saying: “a donation taints the title” In essence: who would buy a property originating from a donation?

What changes with the reform

The reform substantially amended Article 563 of the Italian Civil Code: the reduction action is no longer enforceable against third-party purchasers.

In practice, if you buy a house that was donated in the past, you no longer risk losing it due to future claims by heirs. Any heirs whose rights were violated can act only against the donee, who may be required to compensate them financially. The buyer remains completely outside the inheritance dispute.

Your property rights are therefore fully protected.

Effects on mortgages and banks

Another very important consequence concerns access to credit: previously, banks often refused to grant mortgages on donated properties, whereas now they can no longer refuse them. Why? Because the property is no longer subject to recovery actions.

This makes the property: more marketable, easier to finance, more liquid on the market

The risk period for inherited properties has also been reduced

The reform also amended Article 2652 of the Civil Code: the period during which reduction actions can be enforced against third-party purchasers has been reduced from 10 years to 3 years from the opening of the succession.

What sellers of donated properties should know

It is important to note that the risk does not disappear—it shifts. It is no longer a risk for the buyer, but remains with the donee-seller, who may be required to pay compensation to the heirs in the future.

For this reason, it is correct to inform the seller about this potential financial exposure. Today, insurance policies are a personal protection choice for the seller, no longer a requirement to make the property marketable.

Conclusion

In my opinion, this reform represents a real turning point for the real estate market:

  • it increases the legal security of property purchases
  • it facilitates access to mortgages
  • it simplifies property transactions
  • it restores full functionality and dignity to donation contracts

With this reform, buying properties originating from donations is much safer than before. The market will certainly become more transparent, fluid, and accessible.

If you are considering buying or selling a property with a donation or inheritance origin and want to understand how to proceed correctly, it is always advisable to consult a professional to evaluate your specific case.

If you would like to buy and/or sell your property in Salento, contact me at +39.392621 6450 (also available on WhatsApp).