The sale of ecclesiastical property in Italy is a complex procedure that intertwines with Canon Law (the proper law of the Catholic Church) and Italian Civil Law. It is a process that requires particular attention and respect for a series of specific authorizations.

For this purpose, we have prepared a synthetic guide for you on the key steps and necessary authorizations.

1. What is meant by ecclesiastical property in Italy?

In Italy, ecclesiastical property is a good (movable or immovable) owned by a civilly recognized ecclesiastical entity. This includes parishes, dioceses, religious orders, institutes of consecrated life, but also foundations and other canonical legal persons that have obtained civil recognition from the Italian State.

Law no. 222 of 20 May 1985 (Provisions on ecclesiastical entities and property in Italy and on the sustenance of the Catholic clergy in service in the dioceses) is the key legislation that regulates the matter at the civil level, in implementation of the Agreement for the revision of the Lateran Concordat. Article 831 of the Italian Civil Code establishes that ecclesiastical property is subject to civil laws, unless otherwise provided by special laws concerning them.

2. Dual control regime: canonical and civil

The particularity of the sale of ecclesiastical property in Italy lies in the fact that the operation must be valid under both Canon Law and Civil Law.

• Canonical controls: the administration of property belonging to ecclesiastical entities is subject to controls provided by canon law (art. 18, Law 222/85). These controls are essential for the validity of the act. In particular, the Code of Canon Law (CIC) establishes the conditions and necessary authorizations. The most relevant articles are canons 1290-1298, which deal with the alienation of ecclesiastical property.
• Civil controls: the acquisitions and alienations of these entities are also subject to controls provided by Italian laws for the acquisitions and alienations of legal persons, particularly if the property has historical-artistic interest.

3. Canonical-Administrative authorizations (canonical licenses)

The CIC (canons 1290-1298) and the provisions of the Episcopal Conferences (in Italy, the CEI) regulate the necessary authorizations for alienation (sale, but also exchange, constitution of real rights, etc.).

This is the most delicate and crucial step. The alienation of an ecclesiastical good in fact requires specific authorizations from the competent ecclesiastical authorities, which vary based on the value of the good and its nature.

• Goods of modest value: if the value of the good does not exceed a certain threshold (established by the Italian Episcopal Conference: currently the threshold is 250,000 euros), the administrator of the entity (e.g., parish priest) can alienate it, but the Diocesan Bishop may also establish that such an act falls under extraordinary administration and requires his consent.
• Goods of intermediate value: if the value of the good exceeds 250,000 euros but is less than 1,000,000 euros, a written license from the Diocesan Bishop is necessary, obtained with the consent of the College of Consultors and the Diocesan Council for Economic Affairs.
• Goods of notable value or of historical/artistic/ex-voto interest: if the value of the good exceeds 1,000,000 euros, or if it is particularly precious for artistic or historical value, or an ex-voto donated to the Church, a license from the Holy See is always necessary (in particular from the Congregation for the Clergy or the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, depending on the entity). Also in this case, the opinion of the College of Consultors and the Diocesan Council for Economic Affairs is required.

Prerequisites for canonical authorization:

• Just cause: there must be a serious and urgent motivation (e.g., necessity to support the entity, carrying out pastoral works, inability to maintain or use the good, improvement of the entity’s economic conditions, carrying out works of worship or charity).
• Written appraisal: an appraisal of the good to be alienated, drawn up by qualified experts.
• Destination of proceeds: the proceeds from the sale must be prudently invested in favor of the Church or used for the purpose of alienation.

4. Civil authorizations (for ecclesiastical cultural goods)

If the ecclesiastical good has a cultural interest (historic, artistic, archaeological), the provisions of the Code of Cultural Heritage and Landscape (D.Lgs. 42/2004) apply.

• Verification of Cultural Interest: first, if the property is more than 70 years old and the author is not alive, the procedure for Verification of Cultural Interest must be carried out by the Ministry of Culture (through the Superintendencies). If the verification is positive, the good is declared of cultural interest.
• Authorization for alienation: for the alienation of cultural goods belonging to ecclesiastical entities, the authorization of the Ministry of Culture (art. 56 D.Lgs. 42/2004) is necessary. This authorization is binding for the validity of the civil act.
• Notification and right of first refusal: the act of alienation must be reported to the competent Superintendence within 30 days. The Italian State (and in some cases other public bodies) has a right of first refusal over the cultural asset, which can be exercised within 60 days from the notification. This means that the State can acquire the asset under the same conditions agreed with the third buyer. The notification of the right of first refusal to the Prefecture is a crucial step.

5. General sales process

1. Deliberation of the ecclesiastical entity: the competent body of the ecclesiastical entity (e.g., the Parish Economic Council or the General Council of the Congregation) deliberates the intention to alienate the property, specifying the motivations.
2. Appraisal: it is necessary to have a qualified professional appraisal of the property’s value.
3. Request for canonical authorization: submission of the request to the competent Ordinary (Diocesan Bishop or Major Superior), accompanied by all documentation. If necessary, the Ordinary also forwards it to the Holy See.
4. Request for civil authorization (if cultural property): initiation of procedures with the Superintendency for the verification of cultural interest and any authorization for alienation.
5. Obtaining all authorizations: once all canonical and civil licenses (if required) have been received, the sale can proceed.
6. Stipulation of the notarial deed: the sales contract is stipulated before a Notary, who must verify the regularity of both civil and canonical authorizations. The Notary has the obligation to verify that the person granting the canonical authorization is legitimately empowered to do so.
7. Notification to the Ministry of Culture and right of first refusal: if the property is cultural, the Notary or the parties notify the sale to the Superintendency and await the potential exercise of the right of first refusal by the State.

6. Critical aspects and advice

• Nullity of the act: the lack of necessary canonical authorizations renders the act null and void also for civil law, with serious consequences. Likewise, the lack of civil authorization for cultural property renders the act null and void.
• Restrictions on use: buildings intended for the public exercise of Catholic worship cannot be diverted from their purpose, even if alienated, unless such destination has ceased in accordance with the law (Art. 831 c.c.).
• Complexity: the procedure is complex and requires a profound knowledge of both canon law and civil law. It is strongly advisable to engage specialized professionals (lawyers, notaries, accountants) with expertise in ecclesiastical matters.

The sale of ecclesiastical property in Italy is a process that requires patience, precision, and a scrupulous adherence to a peculiar and layered regulatory framework. The professionals at Fiat Lux Legal are at your disposal to clarify any doubts and accompany you through this complex and important process. Do not hesitate to write to info@fiatlux.legal; we will be happy to assist you with any matter.