Dormant current accounts: how to proceed?

Reading Time: 3 minutes

What are dormant current accounts?dormant current accounts

Recently, new rules on Dormant current accounts have come into force. With the term Dormant current accounts reference is made to contractual relationships entered into with a Bank or another financial intermediary, consisting in sums of money or financial instruments, that have not been moved by the owner for a period of 10 years and have a total sum higher than €100. Savings account books, current accounts, postal accounts, shares, bonds, government securities that have been present on inactive deposits are included in the category of dormant current accounts. Read more

Advice for expats buying Italian property

Reading Time: 4 minutes

What should expats buying Italian property know?

The most important piece of advice for expats buying Italian property is that they should never sign any paperwork before getting it checked. Your signature could put you in a legally binding situation.

Advice for expats buying Italian propertyA surprising number of expats buying Italian property don’t use a lawyer. Instead they take a DIY approach, or use someone unqualified such as the vendor, which could be an expensive mistake to make. We would always recommend that you use an experienced, independent conveyancing lawyer to safeguard your Italian property purchase.

It’s important to engage a lawyer who speaks your language fluently so there are no misunderstandings and everything is translated accurately. It goes without saying that the lawyer should be independent of the estate agent and/ or the vendor and that the lawyer should be registered with the Italian Bar Association. The lawyer should also have public liability insurance and any advice provided should be made in writing. Read more

Farewell to The Certificate of Habitability?

Reading Time: 2 minutes

Certificate of HabitabilityIntroduction

Farewell to the Certificate of Habitability? This is what is set to happen in the future, through an amendment to the Italian Competitiveness Decree, which is soon to be approved by the Italian Council of Ministers.

Applicable to all properties, if approved, The Certificate of Habitability will be replaced by a, “Segnalazione Certificata di Agibilità” (Certified Notification of Habitability). This is not just a matter of a name change, the whole process for obtaining certification will be different. Read more

Usucapione – Safeguard Your Ownership Rights

Reading Time: 4 minutes

What is usucapione?usucapione

Usucapione dates back to Roman law. As long as it hadn’t been obtained through theft or force, usucapione allowed someone who was in possession of an asset, without the title to it, to become the lawful proprietor if the legal owner didn’t lay a claim to the asset after a certain period of time.

Usucapio laws were incorporated in to Napoleonic law and later, elements of the legislation were taken in to modern day Italian law. Read more

Italian Property Survey – Need One Or Not?

Reading Time: 2 minutes

Italian Property Surveysurvey

For most people buying a property in Italy is a major expense; in our view at De Tullio Law Firm, not commissioning a property survey is a false economy.

A surveyor, “geometra”, will provide you with invaluable information and support during the property purchasing process, which will help save you money both prior to and after completion. Read more

The Italian Rent to Buy scheme

Reading Time: 6 minutes

rent to buyIntroduction of the Italian Rent to Buy scheme

In September 2014, the Italian parliament introduced measures to revitalise the property real estate sector. These measures include a rent to buy scheme as part of the Sblocca Italia – Unlock Italy – decree (Article 23 of Legislative Decree 133/2014).

With access to credit in Italy continuing to be tight, the rent to buy scheme has two main aims:

  1. to help people purchase a property and
  2. to support builders and developers sell unsold stock of property.

Read more

Self-build projects in Italy. Living on-site. What’s the law?

Reading Time: 3 minutes

Self-build projectsIn pursuit of their Italian dream home, some people decide to build a house on land they have purchased. If you are thinking of self-build projects in Italy, we would always advise you to seek independent legal advice before signing any paperwork to do with land-purchase.

Even, if on paper, the land you are contemplating buying has outline planning permission, actually getting a building project off the ground in Italy can be extremely complex. You will need to navigate a maze of red tape; zoning and planning laws, environmental restrictions, building permits and regulations – to list but a few. Read more

Are you resident or domiciled in Italy?

Reading Time: 5 minutes

In today’s post, in response to a number of questions we have had at De Tullio Law Firm regarding this topic, I explore the legal and tax implications of Italian residency and domicile as they pertain to EU and non-EU nationals.

This is a very complex area and because every individual’s case is different. I would strongly recommend that you seek advice and guidance from your lawyer and accountant.resident or domiciled in Italy

For EU nationals, a visa is not required to enter or to work in Italy. A valid identity document issued by the relevant authorities in an individual’s country of citizenship is sufficient to allow entry to live and work in Italy. Read more

Accepting or Renouncing an Inheritance in Italy

Reading Time: 2 minutes

Italian Inheritance

Accepting or Renouncing an Inheritance in Italy

A beneficiary can either renounce or accept the right to an Italian inheritance. A beneficiary acquires the qualification of heir as soon as an inheritance is accepted. Once accepted, the qualification of heir is irrevocable.

Renouncing an inheritance in Italy

How does acceptance work?

Acceptance to be an heir can be made expressly or tacitly. In either case, acceptance must be manifested within 10 years from the opening of the succession process. The express acceptance of an Italian inheritance takes place when the heir declares a willingness to accept the status of heir, by means of a notarial or a private deed. Tacit acceptance takes place when someone acts in such a way that the acceptance to inherit assets can be implied or inferred. Read more

What are my parental rights in Italy?

Reading Time: 4 minutes

Following the recent introduction of civil unions into Italian national law our thoughts turn to the parental rights of married and particularly unmarried couples in Italy.parental rights

Italian politician, Monica Cirinnà has told us that the rights of those in a civil union will be much the same as those of married couples.

This of course cannot be so straightforward when it comes to children, and we still await clarity on the case for adoption between civil partners. As it stands, adoption for same sex couples is still off the cards.

For those living in or moving to Italy it is important to understand parental rights. That way, as a married or unmarried couple with children you can be in the best position to make decisions or provisions for the future. Read more