Epochal reform on real estate donations

Donations: "The reform makes the sale of donated properties safe"
The new law on real estate donations came into force on December 18th. This new law was introduced with Article 44 ("Simplifications for facilitating the legal circulation of donated assets") of the Simplification Bill (Law 182/2025) and was strongly supported by the National Council of Notaries. President Vito Pace spoke of a historic reform, which will benefit citizens by making real estate donations more certain and secure. But why is it so important? And what should we know about the protections for buyers and heirs?
Flavia Fiocchi, National Councillor of the Notaries' Association, states: "This is a truly epochal reform, a year zero from which to start over, guaranteeing unlimited and cost-free circulation of donated properties to buyers. The reform has transformed the right of the forced heir excluded from the donation to recover the donated property, even if it has already been sold to unrelated third parties, into a right of credit against the donee alone."
 
Does the new law introduced by the Simplification Bill provide greater protection for the purchaser of a property acquired through donation?
"Absolutely. As mentioned, the purchaser of a property acquired by the seller through donation will no longer run the risk of having the purchased property or a portion of it seized, or alternatively of having to pay sums representing the value of the property or portion of it, even many years after the purchase. This is because the heirs excluded from the donation will only have a claim against the donee equal to the value of the damage to their legitimate share and will no longer be able to directly recover the property."

Are the heirs at risk of not being protected?
"The heirs have the same protection they had before the reform, with the sole difference that it is limited to the donee's assets, with which he is liable to the claims of the forced heirs. Third-party purchasers are finally excluded from any succession process."
 
What impact will this reform have on the real estate market?
"It will have the impact, as advocated by Notaries for years, of simplifying the circulation of donated properties, making it safe. This will benefit buyers—especially young people and young couples—by allowing them to access a mortgage for the purchase, without having to take out expensive insurance and without being denied credit due to the donated property. It will also have the direct consequence of allowing citizens to confidently plan the devolution of their assets during their lifetime, through donations to one or more children, or to a spouse, without fear of blocking the marketability of the donated assets, while maintaining the protection of their legitimate heirs, as confirmed by law."