Buying Property in Italy's Military and Strategic Zones: Rules for Foreign Buyers

Foreign buyers can lawfully purchase property in Italy in many situations. However, when a property is located in an area connected to national defense or strategic infrastructure, additional legal rules may apply.

In Italian law, the key distinction is no longer the old concept of generic "border provinces." The current framework focuses on areas formally declared to be of military importance and, separately, on strategic assets that may fall under governmental special powers ("golden power").

This guide explains the current legal framework, the difference between EU and non-EU buyers, the role of prefectural approval, and the practical checks to complete before signing.

Quick Answer: Can Foreign Buyers Purchase in These Areas?

Yes, in many cases.

• If the property is in a zone formally declared of military importance, Article 335 rules may apply.
• EU buyers are generally exempt from prefectural approval in those zones.
• Non-EU buyers generally need prefectural approval (after military opinion) for those zones.
• Even outside Article 335, transactions tied to strategic assets may trigger golden-power review.

Former Border-Province Regime (No Longer in Force)

Law No. 1095 of 3 June 1935 required prefectural approval, after military authority opinion, for all property transfer deeds in land-border provinces, with legal ineffectiveness as the consequence of non-compliance.

That law was repealed by Law No. 340 of 24 November 2000. Over time, the legal framework evolved through amendments to Article 18 of Law No. 898/1976 and through EU law principles requiring equal treatment of citizens of other Member States.

Today, the operative concept is not "border province" as such, but rather zones of the national territory formally declared to be of military importance.

Current Framework: Zones of Military Importance

Article 335 of Legislative Decree No. 66/2010 (Code of Military Order) provides that deeds transferring, in whole or in part, real estate located in areas declared of military importance are subject to approval by the Prefect of the relevant Province, after military authority opinion.

This approval is also required for transfers made through judicial enforcement proceedings.

Without prefectural approval:

• the deed is legally ineffective;
• the deed cannot be transcribed in the real estate registers;
• the registrar cannot complete transcription without proof of approval.

In practical terms, if Article 335 applies and the required approval is missing, the transfer cannot safely produce its intended legal effects.

EU and Non-EU Buyers: Different Treatment

EU Buyers and Other Exempt Entities

The legal evolution removed discrimination against citizens of other EU Member States, except where real, concrete, and serious military risks exist that cannot be addressed by less restrictive measures.

Under Article 335, prefectural approval and military opinion are not required when the buyer is:

• an EU citizen;
• an Italian state administration (including autonomous agencies);
• municipalities, provinces, regions, other local entities, or public economic entities;
• any other public or private legal entity with principal seat in EU territory.

Non-EU Buyers

For non-EU subjects, the requirement of prefectural authorization and military opinion continues to apply for properties in military-importance zones.

If authorization is missing, the deed remains legally ineffective. Any transcription performed in breach of the rule is likewise ineffective until later regularization.

Legal Nature: Ineffective, Not Void

Article 335 classifies deeds lacking prefectural approval as legally ineffective, not automatically void.

Italian notarial analysis has clarified that this is an ineffectiveness regime: a deed signed before prefectural approval remains dormant and can become effective later if authorization is granted.

Subsequent Authorization and Transcription

The procedure has two main timing steps:

• military authority opinion within 45 days (silence-consent if no response within that period);
• final Prefect decision within 60 days from filing, including the military-opinion period.

If a deed was already transcribed without authorization, that transcription is ineffective but may later become effective through a new transcription of the same deed with annotation of the subsequent approval.

Prefectural authorization lapses if the deed is not executed within six months from issuance.

Strategic and Military Property Context

Military State Property

The Code of Military Order classifies, for example, state-funded shooting ranges as military state property.

Italian Supreme Court case law has confirmed that actual designation and use of military infrastructure are decisive for tax treatment (IMU/ICI). Exemptions apply only where property is directly and immediately used for institutional functions, not where it effectively serves private housing needs of personnel through concession arrangements.

Landscape Protection for Military Works

Article 354 of Legislative Decree No. 66/2010 provides that military works affecting landscapes protected under Legislative Decree No. 42/2004 remain subject to landscape-law procedures, including authorization through the conference-of-services procedure.

Administrative case law has confirmed that military works are not automatically exempt from landscape constraints and must follow the special authorization process.

Criminal-Law Profiles

Clandestine or deceptive entry into places or zones where access is prohibited for military interests is punishable by imprisonment from one to five years. The rule can also apply to protected public-security facilities where access is forbidden for safety reasons.

For buyers, this matters indirectly: formal ownership does not remove access and use restrictions in militarized or otherwise interdicted areas.

Golden Power and Strategic Assets

Decree-Law No. 21/2012 grants the Government special powers ("golden power") to veto, condition, or oppose transactions involving strategic assets in defense and national security, and in sectors such as energy, transport, communications, and other designated sectors, in coordination with EU Regulation 2019/452 on foreign direct investment screening.

The perimeter can include operations that are not strictly real-estate transfers, for example where technology or know-how has potential defense or security applications.

Real Estate Impact in Strategic Contexts

Acquisition of property that enables control over, or significant influence on, strategic infrastructure (for example bases, plants, logistics hubs, or key communications nodes) may trigger special-power rules, including notification duties and potential governmental opposition or conditions, including toward EU buyers.

Italian jurisprudence emphasizes that:

• the State identifies strategic activities and assets through secondary regulatory acts (such as implementing decrees);
• restrictions must remain proportionate and consistent with the EU legal framework, including Regulation 2019/452.

Practical Rules by Scenario

Property in a Military-Importance Zone - EU Buyer

Under Article 335, prefectural authorization and military opinion are not required.

Other constraints may still apply, including landscape, building, state-property, and golden-power rules where relevant.

Property in a Military-Importance Zone - Non-EU Buyer

Prefectural approval after military opinion is required. Without it, the deed is ineffective and cannot be transcribed.

Authorization may be issued later, allowing the deed to become effective and supporting a new effective transcription.

Property Not Formally in a Military Zone but Linked to Strategic Infrastructure

Article 335 may not apply, but golden-power rules may still be triggered, with possible notification obligations and governmental veto/conditions regardless of buyer nationality, depending on implementing decrees and the EU framework.

Essential Preliminary Checks

When a property is in a border area or near military/strategic infrastructure, prudent due diligence should include:

• verification that the area is formally included among zones declared of military importance under Article 335 of Legislative Decree No. 66/2010;
• verification whether the property belongs to military state property or military infrastructure (for example bases, ranges, training grounds), and its current designation;
• assessment of whether the property is part of, or functionally connected to, strategic assets within golden-power perimeter;
• precise legal qualification of the buyer (EU/non-EU, individual/legal entity, principal seat) to determine exemptions;
• checks with trusted professionals through land-register records, maps, and ministerial acts;
• where needed, consultation with the competent Prefecture, which in practice often confirms whether the area is treated as of military importance;
• where needed, requests for information or certifications from the Ministry of Defense or territorially competent military commands;
• review of cadastral records and prior transcriptions, which may already indicate previous prefectural approvals.

Limits on Access to Information

Access requests may be denied where information is covered by secrecy (for example maps locating sensitive installations). Public authorities may invoke secrecy protections under Article 24 of Law No. 241/1990 and military/state secrecy rules, which can prevail even against defense-access requests in specific circumstances.

Island Areas Expressly Listed by Article 443

Article 443 of Legislative Decree No. 66/2010 expressly identifies island territories declared of military importance to which Article 335 applies (subject to EU-buyer exemptions):

• Tuscan Archipelago (Tuscany Region)
• Pontine Islands (Lazio Region)
• Phlegraean Islands (Campania Region)
• Capri (Campania Region)
• Tremiti Islands (Apulia Region)
• Aeolian Islands (Sicily Region)
• Ustica (Sicily Region)
• Egadi Islands (Sicily Region)
• Pantelleria (Sicily Region)
• Pelagie Islands (Sicily Region)
• La Maddalena Archipelago (Sardinia Region)
• Asinara (Sardinia Region)
• Tavolara (Sardinia Region)
• San Pietro (Sardinia Region)
• Sant'Antioco (Sardinia Region)

Other Possible Military-Importance Zones

Article 335 refers in general to "zones of the national territory declared of military importance" and does not itself provide a complete closed list. This allows additional zones to be designated through administrative acts, potentially reflecting evolving defense needs.

Article 443 is the closed statutory list only for the island territories above.

In legal practice:

• concrete perimeter identification may also occur through ministerial acts or delimitation decrees (typically published at least in their operative part);
• technical maps, details, and reasoning may be partly classified or inaccessible due to military/state secrecy rules.

FAQ for Foreign Buyers

Do EU buyers need prefectural approval in military-importance zones?

In general, no. Article 335 exemptions usually apply to EU buyers and certain EU-based entities.

Do non-EU buyers always need approval?

Not in every real-estate case. The Article 335 approval requirement is tied to properties in areas formally declared of military importance.

Can a transaction outside Article 335 still be restricted?

Yes. If a transaction affects strategic assets (for example in defense, energy, transport, or communications), golden-power rules may still require notification and may allow governmental conditions or opposition.

Planning to Buy Property in Italy?

Property acquisition in sensitive areas requires coordinated legal, notarial, and strategic due diligence before binding commitments are signed.

DiStefano Italian Living supports international buyers with a legally guided process that connects transaction strategy, eligibility checks, and practical execution in Italy.

Key Takeaways

• The old border-province regime was repealed; current focus is on zones formally declared of military importance.
• Under Article 335, transfers in those zones may require prefectural approval after military opinion.
• EU buyers and certain EU-based entities are generally exempt from the Article 335 approval requirement.
• Non-EU buyers in military-importance zones generally need approval; without it, the deed is legally ineffective.
• Missing approval typically causes ineffectiveness (not automatic nullity), and later approval can reactivate effects.
• Strategic-asset transactions may trigger golden-power notification and governmental intervention, even outside Article 335 cases.
• Early due diligence with notarial and specialist support is essential, especially in sensitive geographic areas.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal, tax, notarial, regulatory, or investment advice. Rules may vary depending on the buyer's nationality and legal status, the location and classification of the property, the transaction structure, and changes in law or administrative practice. Before entering into any binding transaction, obtain qualified professional advice tailored to your specific circumstances.

Author — Daniele Di Stefano, Founder of DiStefano Italian Living