This article was originally provided by De Tullio Law Firm to the British Consulate in 2011. While the article pertains to a Calabrian case, information is relevant to off-plan properties throughout Italy. If you are looking for additional information about off-plan properties purchases in Italy, you will find a series of articles on the subject […]
What is Adverse possession (usucapione)? Usucapione is similar to Adverse Possession. It is a legal situation which is connected with possession of a property. The possession of a property doesn’t happen by force or hostility. Usucapione is a legal procedure which can give you ownership of a property in Italy without any specific title such as a deed […]
Italian estate agents must be registered According to Italian Law 39/1989, in order to operate in Italy, realtors and real estate agents must register with their local Chamber of Commerce. Without professional registration, a real estate agent is liable to fines and other penalties. In addition, unregistered estate agents cannot request commissions on property sales and […]
A professionally drafted contract is your best protection against any faults with Italian construction work Building defects include the use of shoddy materials, poorly executed work, deviations from an agreed plan or a request for additional money. The best advice we can therefore offer before you enter into any arrangement with a construction, building or […]
An accurate understanding of the Italian legal system is essential for a translator dealing with an Italian real estate transaction All legal documents relating to an Italian real estate transaction must be in Italian, regardless of the nationality of the parties. Italian legal writing is highly technical, ritualistic and often archaic due to close links […]
International property sales involve a citizen, or company, of one country buying real estate in another country The legal framework regulating international property sales in Italy is governed by Italian law and international treaties. Where there is a conflict between Italian and international laws, Italian law prevails when it comes to international property sales. Article 51 of […]
What defects does an off-plan insurance policy cover? In accordance with article 4 of legislative decree 122/2005, a construction company must provide off-plan property buyers with an insurance policy. Essentially, this is a guarantee which covers any serious construction defects. The guarantee should provide 10 years of cover. Off-plan buyers should obtain the insurance policy […]
How Can An English-Speaking Italian Property Lawyer Advise with The Purchase of A Property in Italy? Buying a home anywhere, including Italy, is probably one of the largest and most significant investments you will make in your life. Italian property law is complex. It raises special issues of practice as well as points of law not present […]
Emphyteusis is a type of leasehold arrangement The closest Common Law legal term to Emphyteusis is a leasehold. The landlord retains the ownership of property. However, a tenant has the right to use it for a contractually agreed period of time. In this type of leasehold or Emphyteutical arrangement, the tenant must both maintain and […]
The European Mortgage Credit Directive creates a single mortgage market across the EU In a previous article, we addressed the possibility of non-Italian nationals obtaining a mortgage to purchase an Italian property. This article explores the main provisions in the European Mortgage Credit Directive (EMCD). This came into force across all EU Member States in 2016. During the […]
