Permesso di Costruire (Building Permit) in Italy

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If you’re planning a major renovation, extension, or new construction in Italy, you’ll need a Permesso di Costruire — a full building permit that is essential for works that significantly alter a property’s structure or size.

This article explains what the Italian Permesso di Costruire is, when one is necessary, and how De Tullio Law Firm can guide you through Italy’s complex planning laws, helping you avoid costly mistakes and legal setbacks.

What Is a Permesso di Costruire?

The Permesso di Costruire, or Building Permit, is the most comprehensive type of construction authorization in Italy. It is mandatory for works that have a significant impact on the property’s size, structure, footprint, or intended use. Unlike CILA and SCIA, which are certified declarations, the permit must be formally approved by the local municipality before any work can begin.

The approval process is longer and more bureaucratic but ensures full compliance with zoning regulations, environmental protections, and building codes.

When Do You Need a Permesso di Costruire?

A Permesso di Costruire is legally required for all major construction or renovation projects, including:

New Construction

Example: Building a new house on a plot of land in rural Sicily.

Extensions and Elevations

Example: Adding a second storey or extending the footprint of a villa in Tuscany.

Changes to Building Volume or Shape

Example: Enclosing a terrace or constructing a new garage that alters the volume of the building.

Change of Use with Structural Modifications

Example: Converting an outhouse into a residential dwelling, including structural reinforcements and new utilities.

Urban Redevelopment Projects

Example: Demolishing an old building and constructing a modern house in its place.

Permesso di Costruire (Building Permit) in Italy

When a Permesso di Costruire Is Not Necessary

You don’t need a Permesso di Costruire for minor works that don’t involve structural changes. In those cases, a CILA or SCIA may be more appropriate.

For example, replacing interior floors, updating bathrooms, or moving non-structural partitions typically falls under CILA.

Installing an elevator or altering a load-bearing wall might be handled with SCIA.

Knowing which permit applies is crucial — misfiling can lead to delays, fines, or forced demolition.

Legal Requirements and Documentation

Applying for a Permesso di Costruire involves an extensive application process and requires formal municipal approval. The application must be submitted by a licensed professional (engineer, architect, or surveyor) and include:

  1. Architectural Plans: Your technician prepares detailed drawings that illustrate both the existing structure and proposed changes.
  2. Planning Report: The professional explains how the project complies with local urban planning regulations.
  3. Proof of Ownership: You provide title deeds or obtain notarial authorisation if you’re not the sole owner.
  4. Environmental and Landscape Assessments (if applicable): Your team conducts required evaluations when building in protected areas or near heritage sites.
  5. Structural Calculations: A qualified engineer calculates and verifies the building’s safety according to applicable codes.
  6. Health & Safety Plan: The project manager outlines safety measures for any work involving a construction site.

Approval times vary, but it generally takes 60 to 90 days for the municipality to issue the permit. No work can begin before the permit is granted.

Legal Consequences of Building Without a Permesso di Costruire

Carrying out major works without a permit is a serious offence in Italy. Authorities can:

  • Issue stop-work orders
  • Impose substantial fines
  • Demand demolition of unauthorised structures
  • Block or annul property sales or inheritance transfers

Example: A homeowner in Puglia adds an unauthorised extension to their villa without a permit. When they attempt to sell, the notary refuses to proceed until the extension is either legalised (via sanatoria) or demolished.

How De Tullio Law Firm Can Help

At De Tullio Law Firm, we have six decades of experience guiding foreign buyers and property owners through Italy’s intricate real estate and construction laws. Here’s how we support your Permesso di Costruire process:

Project Feasibility Review

We can assess your renovation or construction goals and determine whether you need a Permesso di Costruire  — or if a simpler procedure like SCIA or CILA may suffice.

Due Diligence and Zoning Analysis

Our legal team checks zoning laws, building restrictions, and local plans (Piano Regolatore) to ensure your project is legally viable.

Liaison with Local Authorities

We work directly with municipal offices and technical professionals to prepare and submit your application, reducing delays and ensuring accurate documentation.

Legalisation of Past Works

If you’ve inherited or purchased a property with unpermitted alterations, we can assist in filing a Permesso di Costruire in sanatoria, helping you avoid future legal trouble.

Finally …

A Permesso di Costruire is more than just a bureaucratic requirement — it is a vital legal safeguard that protects your investment, ensures compliance with Italian planning laws, and gives you peace of mind. Whether you’re building a dream home on the Amalfi Coast or extending a country house in Piemonte, the right legal guidance can make all the difference.

Contact De Tullio Law Firm today for a free consultation and let us help you build and renovate with confidence.

You may also like to download our Guide to Building and Renovating Property in Italy.

SCIA – Structural Renovations in Italy

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Planning more significant building work on your Italian property? If your renovation involves structural changes, changes to the use of a building, or safety-critical upgrades, you’ll likely need to file a SCIA (Segnalazione Certificata di Inizio Attività) — a certified notice required for many major interventions in Italy.

This article breaks down what a SCIA is, when it’s necessary, and offers real-life examples of its use. We also explain how De Tullio Law Firm can help you stay compliant with Italian construction laws and avoid unnecessary legal pitfalls.

What Is a SCIA?

SCIA, or Certified Notification of Start of Activity, is a legal procedure introduced to streamline approvals for more complex building works than those covered by CILA. Unlike CILA, which is used for minor, non-structural renovations, SCIA applies when the works affect the structure, safety, or intended use of a property.

Importantly, SCIA allows you to start work immediately after filing the documentation, but the local municipality has 30 days to review the application and raise objections if necessary.

When Do You Require a SCIA?

SCIA is mandatory for renovations that involve structural modifications, safety improvements, or changes in building use. Below are examples of when you need to submit a SCIA:

Structural Alterations

Removing or modifying load-bearing walls to reconfigure the layout of a historic apartment in Florence.

Expanding the Building Footprint

Adding an external staircase, terrace, or balcony to a countryside villa in Umbria.

Changing Building Use

Converting a ground-floor commercial space into a residential apartment in Milan.

Safety and Accessibility Upgrades

Installing an elevator or fire escape in a multi-storey residential building.

SCIA - Structural Renovations in Italy

When a SCIA Is Not Required

You don’t need a SCIA if your planned works are purely non-structural and fall under ordinary or extraordinary maintenance — in these cases, a CILA may suffice.

For example:

  • Replacing tiles or internal doors
  • Moving non-load-bearing walls
  • Installing new kitchens or bathrooms without structural changes

If your project goes beyond the scope of both SCIA and CILA — such as major new construction or a full property redevelopment — you’ll need to apply for a Permesso di Costruire (building permit).

Legal Requirements and Documentation

Filing a SCIA requires a detailed technical and legal dossier, prepared by a licensed architect, engineer, or surveyor. The core components include:

  1. Technical Report: A declaration from a qualified professional attesting that the works comply with Italian law and relevant building regulations.
  2. Project Drawings: Comprehensive architectural plans showing the proposed changes.
  3. Proof of Ownership or Title: To verify your legal right to carry out the works.
  4. Health & Safety Plan: Mandatory for any works involving construction teams.
  5. Structural Calculations (if applicable): To demonstrate the safety and feasibility of structural interventions.

Once the SCIA is submitted, work may begin immediately, although the municipality reserves the right to conduct checks or suspend activity within 30 days.

Legal Implications of SCIA Non-Compliance

Failure to file a SCIA when required can lead to serious legal and financial consequences. Authorities can impose substantial fines, suspend or demolish unauthorised works, and require retroactive approval (which is not always granted). Additionally, non-compliance can:

  • Delay or block property resales
  • Void insurance claims
  • Trigger disputes with neighbours or the municipality

Example:

A property owner in Lecce converts a garage into a guest room without filing a SCIA. When they later try to sell the home, the notary flags the unapproved conversion, delaying the transaction and requiring expensive legalisation procedures.

How De Tullio Law Firm Can Help

As a leading specialist in Italian property law, we assist clients with complex building regulations, from project planning to final approval. Wherever you are in Italy, here’s how we can help with your SCIA:

Legal Feasibility Assessment

Before you begin structural work, we review your project and advise whether SCIA is the appropriate legal route — or whether you need a full building permit.

Coordination with Technical Professionals

We work with a network of architects, engineers, and surveyors across Italy to ensure your SCIA documentation meets all legal standards.

Risk Management and Due Diligence

We assess potential zoning issues, heritage protections, or local restrictions that could impact your project.

Legalisation of Past Works

If you’ve inherited or purchased a property with unapproved structural changes, we can assist in filing a SCIA in sanatoria to bring the property into compliance and avoid legal complications.

Finally …

Submitting a SCIA is not just about getting permission to build — it’s a legal safeguard that protects your property, your finances and your long-term plans in Italy. Whether you’re opening up a floorplan in Bologna or expanding your home in Lake Como, staying compliant with Italian law is essential.

For expert legal support and peace of mind, get in touch with De Tullio Law Firm for a free consultation. We’re here to help you renovate with confidence.

You may also like to download our Guide to Building and Renovating Property in Italy.

 

CILA – Permit for Minor Building Works in Italy

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Planning a renovation or minor construction project in Italy? You’ll likely need to file a CILA (Comunicazione Inizio Lavori Asseverata) — a crucial but often misunderstood legal requirement for many types of home improvement.

This article breaks down what CILA is, when it’s necessary to have one. We also provide some real-life examples and how De Tullio Law Firm can help you comply with Italian building regulations.

To discuss your situation and eligibility, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to buy, sell or live in Italy.

What Is CILA?

CILA, or Certified Notice of Commencement of Works, is a simplified procedure introduced to reduce bureaucratic red tape for certain types of minor building works that do not involve structural changes, modifications to the building’s footprint, or changes in its use.

When Do You Require A CILA?

A CILA is mandatory for a wide range of non-structural renovations. Here are just a few examples where a CILA is legally required:

Interior Renovations

Replacing old bathroom fixtures and tiles, moving the sink to a different wall, and updating the plumbing.

Electrical and Plumbing Updates

Rewiring your apartment to meet current safety codes or replacing old copper plumbing with PVC.

Modifying Internal Partitions

Removing a non-load-bearing wall to create an open-plan kitchen-living area.

Energy Efficiency Improvements

Installing internal insulation panels or replacing windows with energy-efficient double-glazed units.

CILA - Permit for Minor Building Works in Italy

When You Don’t Need a CILA

You don’t need a CILA for ordinary maintenance, such as:

– Painting walls
– Fixing minor leaks
– Replacing light fixtures

And if the works are structural (e.g., removing load-bearing walls, adding new floors, altering roof structures), a different permit such as SCIA (Segnalazione Certificata di Inizio Attività) or a building permit (Permesso di Costruire) will be necessary.

For example, if you plan to convert your attic into a bedroom with plumbing and heating — this is beyond CILA and requires more complex approvals.

Legal Requirements and Documentation

Submitting a CILA involves both technical and legal documentation, usually prepared and signed by a certified professional (architect, engineer, or surveyor). The key components include:

1. Technical Report (Asseverazione): A sworn declaration from your technician confirming the works comply with Italian laws and building codes.
2. Project Drawings: “before” and “after” floor plans outlining the changes.
3. Proof of Ownership: Title deed or owner’s authorization.
4. Health & Safety Plan: Required if workers are involved for more than one day.

Important: Work can begin immediately after the CILA is filed – no waiting period required.

To discuss your situation and eligibility, get in touch for a free consultation.

Legal Implications of CILA Non-Compliance

Failing to file a CILA can lead to a range of consequences. First and foremost, you may face fines that typically range from €1,000 to €10,000, depending on your local municipality. In addition, building authorities have the power to suspend your project until you achieve proper compliance. This can causing costly delays. Moreover, if you later attempt to sell the property, unauthorised modifications can complicate or even invalidate the sale process, especially during notarial checks. Finally, undeclared renovations can put your insurance coverage at risk, as many insurers will refuse to cover damage related to unapproved work.

Example:

A foreign buyer discovers that the seller renovated the bathroom without filing a CILA. This creates legal delays in the notarial deed process and requires retroactive compliance—sometimes with penalties.

How De Tullio Law Firm Can Help

As a leader in Italian real estate law, De Tullio Law Firm assists both domestic and international clients in managing the legal requirements of property renovations throughout Italy. Here’s how we can support your CILA process:

Pre-Renovation Legal Assessment

Before you renovate your newly purchased holiday home in Tuscany, we can assess whether a CILA is sufficient or if other permits are required.

Coordinating with Local Technicians

We collaborate with qualified surveyors and architects nationwide to ensure all required documents are accurate and complete.

Title and Registry Checks

We verify that your property is correctly recorded in the Catasto and Conservatoria,  and assist with updating records post-renovation.

Legalisation of Past Unauthorised Works

For example, if you’ve bought a villa in Puglia and have discovered an unapproved patio extension, we can help regularise this with a CILA in sanatoria, avoiding future legal problems.

Finally …

Submitting a CILA is more than just ticking a bureaucratic box – it’s a legal safeguard that ensures your renovation complies with Italian laws and protects your investment. Whether you’re updating a kitchen in Rome or installing energy-efficient windows in a seaside villa in Amalfi, compliance is key.

For stress-free, legally secure renovations get in touch with us for a free consultation.

You may also like to download our Guide to Building and Renovating Property in Italy.

Renovating an Italian Property

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Renovating an Italian property can be a dream come true, offering the opportunity to own a piece of history in one of the most beautiful countries in the world. However, turning that rustic farmhouse or historic villa into your ideal Italian retreat involves more than bricks and mortar – it requires navigating Italy’s complex legal and bureaucratic landscape.

Whether you’re a foreign investor or a retiree seeking la dolce vita, understanding the legal requirements before embarking on renovations is crucial. Here’s what you need to know – and why consulting experts like De Tullio Law Firm can save you time, money and stress.

To discuss your situation and eligibility, get in touch for a free consultation, or click here to get all our FREE guides for foreigners planning to renoveting, buy, sell or live in Italy.

Understand Property Title and Ownership before Buying

Before purchasing a property for renovation in Italy, it’s essential to verify that the seller has clear legal title. This means:

  • No outstanding debts or mortgages
  • No co-owners or inheritance disputes
  • Proper registration in the Land Registry (Catasto)

Failure to verify ownership can result in significant delays or even the invalidation of your purchase. De Tullio Law Firm, with decades of experience in Italian property law, can conduct thorough due diligence to protect your investment.

Renovating an Italian Property: Planning Permissions and Building Regulations

Renovation projects often require planning permission from the local municipality (Comune). Depending on the scope of your renovation, you may need:

  • CILA (Comunicazione Inizio Lavori Asseverata) for minor works.
  • SCIA (Segnalazione Certificata di Inizio Attività) for more substantial changes.
  • Building Permit (Permesso di Costruire) for structural work or major alterations.

Attempting work without the proper approvals can lead to heavy fines or demolition orders. Italian regulations are notoriously strict, especially for properties in historical zones or under heritage protection.

Dealing with Historic or Protected Properties

Many rural or older Italian properties fall under cultural heritage protection laws. If your property is classified as a historic building or located in a landscape-protected zone:

You’ll need approval from the Superintendency of Cultural Heritage (Soprintendenza)

Restrictions may apply to materials, color schemes, and architectural features

Legal experts like De Tullio Law Firm are essential in liaising with local authorities and heritage bodies to ensure your renovation is both compliant and respectful of Italian cultural norms.

Renovating a Property in Italy

When Renovating an Italian Property, Always Hire Licensed Professionals

Under Italian law, all building work must be overseen by licensed professionals:

  • Geometra: A surveyor responsible for project planning and documentation.
  • Architect or Engineer: For structural changes or major renovations.
  • Construction Company: Must be registered and insured.

Your professionals must also file the correct documentation and notify the local tax office and building authority before work begins.

Tax Incentives and Renovation Bonuses

Italy offers several financial incentives for restoring properties, including:

– Bonus Ristrutturazioni (50% tax deduction on home improvements).
– Ecobonus and Sismabonus (for energy efficiency and seismic upgrades).

Each bonus has specific eligibility criteria and documentation requirements. A legal advisor like De Tullio Law Firm can guide you in claiming these incentives while staying compliant with tax regulations.

Contractual Protections and Dispute Resolution when Renovating an Italian Property

Renovation disputes with contractors are not uncommon. To protect yourself:

  • Always sign a written contract outlining scope, timeline and penalties.
  • Ensure your contractors have liability insurance.
  • Include a dispute resolution clause to handle disagreements

Having your contracts drafted or carefully reviewed by a legal expert will help avoid future legal challenges.

Why Choose De Tullio Law Firm to Help with Renovating A Property in Italy?

When it comes to managing the legal complexities of renovating a property in Italy, choosing the right legal partner is paramount. De Tullio Law Firm is one of Italy’s most trusted and established names in property law, with over 60 years of experience guiding international clients through the intricacies of Italian legal processes.

Our Areas of Expertise:

We offer a comprehensive range of legal services tailored specifically to the needs of foreign property buyers, including:

Property Purchase and Renovation

From conducting due diligence before you buy, to handling planning permissions and contractor agreements during renovation, we ensure that every step of your property investment complies fully with Italian law.

Cross-Border Legal Matters

Buying and renovating property in a foreign country involves understanding not only local regulations but also how they intersect with international legal frameworks. Our cross-border legal expertise ensures seamless coordination between jurisdictions.

Inheritance and Succession Law

Italian inheritance laws can be particularly complex, especially for non-residents. Whether you’re planning ahead or managing an estate, we provide strategic advice to protect your family’s future and ensure smooth succession.

Personalized Legal Support – Wherever You Are

One of the key advantages of working with De Tullio Law Firm is our Power of Attorney (Procura Speciale) service. This allows clients to legally authorize us to act on their behalf in Italy – even if they remain in their home country throughout the entire process. From signing contracts and submitting applications to dealing with local authorities and notaries, we can manage the entire legal process for you.

This is particularly beneficial for international clients who cannot be physically present in Italy for every bureaucratic step. It provides a level of flexibility and peace of mind that few law firms can offer.

Why International Clients Trust Us

With a dedicated team of bilingual lawyers and deep local knowledge, we bridge the cultural and linguistic gaps that often cause confusion or delays in international property transactions. Our approach is personal, proactive, and transparent—qualities that have earned us a reputation for excellence among clients around the world.

Moreover, our long-standing relationships with Italian municipalities, notaries, surveyors, and heritage authorities enable us to move projects forward efficiently, avoiding common pitfalls that could stall your renovation or increase costs.

In short, whether you’re restoring a centuries-old farmhouse, updating a coastal villa, or modernizing an apartment in a historic city center, De Tullio Law Firm offers the legal clarity, local insight and hands-on support you need to make your Italian renovation project a success – without the stress.

Finally …

Renovating an Italian property can be a richly rewarding experience – but only if approached with due diligence and legal foresight. From verifying ownership to securing planning permissions and navigating tax incentives, every step must be legally compliant.

Partnering with experts like De Tullio Law Firm gives you peace of mind. In addition, it will ensure your dream home doesn’t become a legal nightmare. Before you lift a hammer, talk to us. Get in touch for a free consultation.

Energy-Efficient Buildings: The Future of Real Estate in Italy

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A European Green Deal: The EU’s Commitment to a Carbon Neutral Continent

Europe is facing an existential threat from climate change and environmental degradation. To address this, the European Green Deal aims to transform the EU into a modern, resource-efficient, and competitive economy. In March 2023, the European Parliament approved a package of regulations proposed by the European Union aimed at promoting the renovation of existing buildings and the construction of new highly energy-efficient buildings.

This package of regulations for energy-efficient buildings and retrofits of existing properties, aims to improve sustainability of real estate assets in Europe, including Italy, over the next twenty years.

A Move Towards Energy-Efficient Buildings

Buildings in the EU territory are responsible for 40% of energy consumption and 36% of greenhouse gas emissions.

The European Parliament aims to achieve zero emissions by 2050. To reach this goal, the EU will need to reduce greenhouse gas emissions, combat climate change, and decrease the EU’s reliance on fossil fuel imports.

Design of Energy-Efficient Buildings

From January 1st, 2021, building design regulations require both public and private buildings to adhere to nearly zero energy consumption (nZEB), in compliance with Art. 5 of D.L. 63/2013, converted into Law no. 90/2013.

nZEB buildings consume minimal energy, owing to their energy-efficient building envelope and the use of predominantly renewable energy sources.

A building envelope is the physical barrier between the interior and exterior of a building. It includes all the components that make up the outer shell of a building, such as walls, roofs, floors, doors, windows, and insulation. The building envelope plays a critical role in regulating the indoor environment, including the control of heat, light, and sound, as well as the protection against moisture, air infiltration, and environmental elements such as wind and rain. The design and construction of the building envelope are therefore crucial to ensuring the energy efficiency and sustainability of a building.

Energy Classes and Retrofits

Buildings, including residential and non-residential ones, with certain exceptions, must achieve specific energy classes according to the European Directive. The proposed deadlines of 2030 and 2033 to reach energy class E and D, respectively, are fast approaching.

To comply with the EU’s requirements for energy-efficient buildings, it is crucial to understand the retrofitting works that can improve a property’s energy class and its actual energy demand.

The Italian Legal Framework for Energy-Efficient Buildings

The European Directive is not directly binding and applicable in individual member states. However, Italy has a legal framework that already provides for energy retrofitting, including tax incentives and subsidized financing.

The Italian government has put forward various measures to encourage the transition to a low-carbon economy, including the National Energy and Climate Plan (PNIEC) and the Building Decree (DM 01/2021). These initiatives aim to encourage the spread of high energy efficiency standards and low environmental impact.

The Importance of Energy Retrofitting

The European Directive on energy efficiency in buildings sets ambitious targets for reducing energy consumption and greenhouse gas emissions.

To achieve these targets, significant investment in energy retrofitting is necessary, which upgrades the energy performance of existing buildings through measures such as insulation, window and door replacement, heating and cooling system upgrades, and installing renewable energy technologies like solar panels.

Energy retrofitting of existing property plays a crucial role in reducing the environmental impact of buildings, which are responsible for a significant share of energy consumption and greenhouse gas emissions in the European Union.

Benefits of Energy Retrofitting

Energy retrofitting offers a range of benefits, both for building owners and for society as a whole. For building owners, energy retrofitting can lead to lower energy bills, increased comfort and wellbeing, and higher property values.

For society as a whole, energy retrofitting can help to create jobs and stimulate economic growth, reduce energy imports, improve energy security, and reduce air pollution.

In addition, energy retrofitting can contribute to the development of smart cities and communities, which use digital technologies and innovative solutions to optimize energy use and reduce emissions. Smart cities and communities can help to create more livable and sustainable urban environments, while also providing opportunities for innovation and economic development.

Challenges of Energy Retrofitting

While energy retrofitting offers numerous advantages, it also poses notable challenges, particularly when it comes to older buildings. These structures were not initially designed with energy efficiency in mind. This can make retrofitting a difficult and expensive process. Furthermore, retrofitting can be disruptive to occupants, and may entail alterations to the building’s appearance or layout, making it a complex undertaking.

To overcome these challenges, it is important to work with experienced professionals who can help to identify the most effective retrofitting strategies and technologies for each building. This may involve a combination of technical, financial, and legal expertise, as well as close collaboration with building owners, occupants, and other stakeholders.

Finally …

De Tullio Law Firm is your reliable reference if you own or plan to invest in Italian property. We can guide you in understanding the challenges of the real estate market and compliance with regulations.

With our support, you can invest in the Italian real estate market with confidence and security. Get in touch with us.

Property in Italy. Advice for Buying, Renovating And Selling.

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When buying a property in Italy, it’s essential to think about the long-term consequences. Do your due diligence and follow all legal protocols to avoid potential problems.

We thank our clients who agreed to share their experience of buying, renovating, and selling property in Italy. Their responses provide valuable insights for anyone considering an Italian property investment.

What attracted you to buy property in Italy?

“We didn’t initially intend to buy a property in Italy…

We were invited to stay with friends who had a house in a small Italian village. We saw a house in the same village that had been empty for about 16 years and just decided to buy it! We contacted the owners and one of them showed us around the property. We wanted to use the property as a shared holiday home for the four of us, who are friends. Although the house needed a lot of work, we thought it could be a fun project. “

 Our Advice?

  1. We would advise that before making any decisions about purchasing a property, it is important to thoroughly research the local real estate market and understand the costs and legal requirements involved in buying and owning property in Italy.
  2. Online advice can sometimes be misleading or even incorrect. It would be wise to consult with an experienced real estate agent and a lawyer, as well as a contractor who can provide an estimate for any necessary repairs or renovations.
  3. Additionally, if you are planning to buy property as a shared venture, it would be a good idea to discuss and establish a plan for managing and maintaining the property among friends.
  4. It’s also important to consider the long-term plan for the property, such as what to do with it when no one is using it.
  5. Ultimately, it’s important to weigh all the factors and determine if the project is financially and logistically feasible before proceeding with the purchase.

Get All Our FREE Guides for Foreigners Planning to Buy, Sell or Live in Italy

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Can you tell us how you bought your property in Italy?

“The purchasing process was hit and miss… 

We were put in touch with people by the friends we had stayed with. However we quickly found that translation was a big issue. The estate agent proceeded to put us in touch with a notary who insisted we understand everything. Our entire property purchase team consisted of the Estate agent, property a consultant the notary and translators. We did not engage a lawyer.”

Our Advice?

  1. Prioritise finding a real estate agent or a property consultant who is fluent in the same language as you to avoid any confusion or misunderstandings. Be aware that real estate agents facilitate the search for an Italian property. However, Italian real estate agents have no legal obligation to undertake searches of a technical or legal nature (due diligence).
  2. Engage a lawyer who speaks your language and can guide you through the whole legal process, ensure your rights are protected and review all the necessary documentation.
  3. International clients are often confused about the role of an Italian Notary. There is a mistaken belief that a public notary (notaio) performs the same function as a lawyer, solicitor or attorney (avvocato). This is not the case. Italian notaries act on behalf of the Italian State whereas a lawyer, is someone you engage to act exclusively on your behalf in a legal matter.
  4. Have a clear plan of how to communicate with your team in Italy in order to ensure everyone is on the same page and to avoid any confusion.
  5. Make sure to ask for clarification and confirmation of any important information or details that you don’t understand.
  6. Take your time with the process and don’t rush into any decisions. Make sure you fully understand all the terms and conditions before proceeding.

Did you buy the property alone or with others?

“The purchasing process was quite complex..

We are 2 couples and we came to a friendly agreement to have all names in the deed of sale. All owned a quarter each. All decisions had to be unanimously decided by all four. We found the overall purchasing process different to the UK. Quite complex and it took roughly 9 or 10 months to complete.”

Our Advice?

  1. Prioritise communication and organisation among the co-buyers. Having a clear plan and decision-making process in place will help ensure that the process runs smoothly.
  2. Research and understand the legal requirements and procedures involved in buying property in Italy. The laws and regulations of Italy vary significantly from other countries. It’s important to be aware of them before signing any paperwork. You can read more about this here.
  3. Consult with a local lawyer who has experience in property transactions in Italy. This will ensure that all legal requirements are met and that parties’ rights are protected.
  4. Be prepared for the process to take longer than you might expect. It’s important to be patient and allow enough time to complete all the necessary steps.
  5. Make sure to keep accurate records of all transactions, agreements, and communications throughout the process to avoid any potential misunderstandings or disputes among the group.
  6. Keep in mind that buying a property as a group can be challenging, especially if all decisions have to be made unanimously. It’s important to have open and honest communication, and to be willing to compromise when necessary.
  7. Prepare for unexpected costs and have a contingency plan in place.

Did you undertake any renovations once you owned the property in Italy?

“The house was in need of complete renovation…

The property had no certificate of habitability. Someone in the village recommended a geometra who organised the renovation with local builders. The geometra didn’t speak English but his daughter was a solicitor who translated everything for us. At the time we believed all the planning permissions and paperwork had been taken care of. However when we came to sell the property we found out that was not the case…”

Our Advice?

Buying and renovating a property in Italy is a common scenario. It is also a common scenario for these projects to end in heartache. Unfortunately, we often don’t meet these buyers until after they have purchased a property. They have usually spent way more than expected and then need help to fix problems. Overall, it’s important to be well-informed, organised, and to work with professionals who have experience of renovations in Italy. This will ensure that the renovation process goes smoothly and that you are later able to sell the property without any issues.

  1. Be sure to obtain certificates of habitability and energy efficiency when buying an Italian property. If the property does not have either certificate, make sure you understand the long term implications of this.
  2. Prioritise obtaining all necessary planning permits, licenses, and approvals before starting any renovation work. It’s important to be aware of all the legal requirements and regulations and to make sure that the work is in compliance with them.
  3. Work with reputable and licensed contractors and tradespeople, who are familiar with regulations and have experience with the type of work you need.
  4. Engage a lawyer to draw up a detailed contract with the contractor. A lawyer can also help you understand and communicate with the geometra and other professionals involved in the renovation process, if you don’t speak Italian.
  5. Keep accurate records of all agreements, invoices, and receipts.
  6. When buying a property in need of complete renovation, it’s important to have a realistic budget. Additionally you should plan a contingency for unexpected costs.
  7. Prepare for unexpected issues to arise during the renovation process and have a plan in place for how to address them.

What made you decide to sell your property in Italy?

“We decided to sell the property… 

We had planned to spend more time but personal circumstances at home didn’t allow it. For numerous reasons. The covid pandemic didn’t help. When we were there, there was always lots of work to do in the garden and the house. It was fun going but it never felt like a holiday. Getting older, we did not want to risk creating problems for our children in the future should something happen to us. After owning the property for 15 years we decided it was time to sell it.”

Our Advice?

  1. If you’re buying or already own a property in Italy, it’s important to plan ahead for its future ownership. Estate planning is an ongoing process that should be reviewed and updated as your family and circumstances change. Failing to take the right steps can lead to family disputes and complications after your death. Consider consulting a lawyer for guidance on how to best manage your Italian property.
  2. When considering selling, a lawyer can ensure that all necessary legal paperwork and permits are in order before listing the property, which will speed up the sales process and increase opportunities to reach prospective buyers.

Can you tell us about the sales process of your property in Italy?

“The property sales process was straightforward. 

When it came to the sale of the property, on a friend’s recommendation, we engaged De Tullio Law Firm. We gave De Tullio Law Firm power of attorney. The team were able to do everything for us. The overall process took about a year because when preparing the listing, De Tullio Law Firm discovered missing permits, certificates, etc… We then needed to acquire retroactive planning permission, which took a few months. Once all the documentation was complete and correct, the house sold very quickly”.

Our Advice?

  1. Selling your Italian property can be a complex and time-consuming process. To ensure a smooth and successful sale, prepare and organise all the necessary legal documents and paperwork before listing it.
  2. Paperwork includes the title deeds, land registry entries, building permits, certificate of habitability,  energy performance certificate (APE) and a certificate of urban destination (CDU). Having these documents readily available will speed up the sales process and increase the property’s appeal to potential buyers.
  3. To make this process easier, it is advisable to seek the assistance of a lawyer who is familiar with the Italian property market and regulations. Your lawyer can provide a pre-sales service to ensure that all the paperwork is in order before listing the property for sale. This can also include handling the marketing of the property and representing you if you are unable to travel or make multiple trips to Italy.
“The overall experience of buying and owning a property in Italy was a life changer. Overcoming legal challenges and completing renovations led to amazing times at the house. We had great neighbours, friends, and support from the village. Our property partners were fantastic, discussing everything and sharing 15 memorable years with us. 
If anyone is considering doing a similar project, I would say just follow your heart. As long as you take the sound advice by De Tullio Law firm, you will be well guided throughout the process. “

Finally …

De Tullio Law Firm is your go-to for expert guidance and support when buying, owning, or selling Italian property. We have over 55 years of experience in Italian and cross-border property, family, and inheritance matters. Our team provides comprehensive and personalised service to ensure your property transaction runs smoothly.

Trust us to handle the legal complexities and help you navigate the often-challenging Italian property market. Contact us today to schedule a free preliminary consultation.

 

You may also be interested in our Guide to Building And Renovating Property in Italy.

You might also like our info videos about Italian property, succession and family law.

Renovating A Property in Italy. A Short Guide

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Renovating a property in Italy is a complex process requiring a wide range of competencies

Renovating a property in Italy means making sure all the work meets legal requirements. Otherwise, you run the risk of criminal prosecution.

Before renovating a property in Italy, do your homework

Obtaining legal assistance will make the entire renovation process easier and crucially, ensure that all legal requirements are met in a timely manner.

Legal support can save you money and mitigate the risk of criminal liabilities and prosecution.

 

If you would like to talk to us about your Italian property, please get in touch with us.

 

Legal due diligence is key

Before you buy a renovation project in Italy, it is vital to do some in-depth research about the property. This legal due diligence step verifies, amongst other things, the compliance status with municipal planning and land registry documentation.

At De Tullio Law Firm, we offer a complete range of services to assess the legal situation before you purchase a property or before you start renovation work.

Firstly, we can check that the current (de facto) condition and the official (de jure) condition of the property match all the documentation lodged with the cadastre. Secondly we can search for all the planning and building permits lodged with the Municipal Technical Office and check these are in order. Thirdly, we can ascertain from municipal records that the entire property – including any additions and outbuildings, have all the relevant planning consents.

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Without the above, you will not be able to obtain authorisation to commence renovation works. Renovating the property will require that you apply for the relevant permits issued by the local municipality.

Buying to renovate

Once you are sure that the property meets legal requirements and structural specifications and if you have decided to proceed with the purchase, having a legal professional on your side will be helpful in negotiating the property price and ensuring the purchase goes smoothly.

Choose a specialist property lawyer with expertise in building law and regulations. Bear in mind that if down the line, you undertake any work that is not legally compliant, you run the risk of prosecution. In Italy this can mean a protracted, costly matter and will obviously require legal services. In the long run, it may be more cost-effective to budget legal services from the outset of your project.

Steps involved in renovating a property in Italy

Design and Planning

Once you own the property, technical experts – a surveyor and/or an architect – assess its de facto condition and design the renovation work.

Plans must meet provisions of current legislation, with particular regard to energy efficiency and sanitation regulations.

You will also need to respect zoning and planning regulations in the design.

In order to draw up suitable tenders,  you should make a complete list of materials and finishes at the design phase.

Building quotes

Subsequently, you will need to choose a building company to carry out the work.

This step involves submitting the executive project – drawn up by your surveyor or architect – and the above-mentioned specification list of the works to at least three companies. In this way, you have a comparison to help choose the most competitive and suitable offer.

Usually, for refurbishment, there are three types of companies involved (construction, electrician, plumber).

To simplify management of the work, it is advisable to contract only one company, who will then sub-contract the work. It is vital to check that your chosen building company conforms with Italian fiscal requirements, in particular through the DURC (Documento Unico di Regolarità Contributiva), a document proving that the company makes social security contributions on behalf of its employees.

In order to avoid conflicts of interest, it is advisable to nominate a project manager unrelated to the building company.

Building contract

The next key step is to draw up a detailed contract between yourself and the building company. This is an area that requires a thorough understanding of the law. Your building contract guarantees your legal protection during and following the completion of your building work. The contract is of paramount importance, especially if you need to seek legal recourse at some point. You should ensure that your contract is legally binding and specifies the building company’s duties.

Tax incentives

It is also advisable to check what tax deductions and/or funding is available. Even if you have already started renovation work, incentives periodically become available.

Building permits and starting renovations

You will need to officially declare the property owner, project manager and building company and apply for the relevant building permit. Your local municipal technical office is responsible for providing a building permit. When you have received the relevant authorisation, building work can commence.

A Safety and Coordination Plan (Piano di Sicurezza e Coordinamento) must be drawn up pursuant to Legislative decree 81/08, and a Safety Coordinator (Coordinatore della Sicurezza in fase di Esecuzione) must be appointed to supervise the building procedure. The building company must comply with the terms specified in this document as well as draft its own Operational Safety Plan (Piano Operativo di Sicurezza, POS). All waste produced on the construction site must be properly managed and treated in compliance with local disposal laws.

Signing off

Once work is complete, you will need to have everything assessed, inspected and approved. Then the cadastral value of the property needs updating in the land registry and you can apply for a certificate of habitability.

Finally …

Are you considering renovating a property in Italy? Are you experiencing problems with a renovation project in Italy? If you would like support or further information, our legal professionals can help. We can make your project easier by guiding, advising and protecting you through the entire procedure. Reach us at info@detulliolawfirm.com.

 

We offer a free preliminary call to address your questions and provide insights tailored to your specific situation. The consultation is entirely free of charge and serves as an opportunity for us to offer guidance based on your unique needs and circumstances.

To schedule a convenient time for our discussion, you may use the booking link provided here: https://calendly.com/detulliolaw/15min.

 

You may also be interested in Building a House in Italy: a short step by step guide.

You may also like to watch our useful info videos.

New Build Warranty in Italy

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Buying a new build home in Italy should mean you encounter fewer problems than you would with an older property. Unfortunately, that’s not always the case. If you purchase a newly built property, or a property that is under construction, you want reassurance that the builder will fix any issues with your new build property. If problems occur, a new build warranty should help.

What is a new build warranty?

Legislative Decree No. 122 of 20 June 2005 introduced new build warranties in Italy. A new build warranty is essentially a ten-year indemnity insurance policy for newly built homes or property projects that are under construction. The warranty is taken out by the builder or developer but is in place to protect you, the buyer.

In Italy, a new build warranty typically covers you for any construction and material defects and direct damage to the property, as well as damage caused to third parties. The policy takes effect from the date of completion of construction work.

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When is a new build warranty mandatory in Italy?

The obligation for a builder or developer to provide a new build warranty exists exclusively for:

– Purchases of new build properties and construction projects by private individuals (art. 1 paragraph 1 a) Legislative Decree 122/2005). It does not therefore apply if the purchaser is, for example, a company.

– For real estate that is subject to a preliminary contract signed prior to the completion of construction. In this case, the promissory purchaser will need to show the new build warranty to the notary appointed to draw up the Deed of Sale.

Ministerial Decree No. 154 of 20 July 2022, which came into force on 5th November, 2022, stipulates that the notary must verify the details of the warranty, acknowledging its compliance with Italian legislation.

In particular, with the recent introduction of the new build warranty standard template, the notary must verify the existence of the following essential elements:

Annex A. This is the Standard Form (Schema Tipo) of the warranty. The clauses it contains constitute the minimum content of the ten-year new build warranty pursuant to Legislative Decree 122/2005;

Annex B. This contains the Technical Datasheet (Scheda Tecnica) which serves the sole purpose of simplifying the policy activation procedure. It contains the main identification information of the parties and the scope of the insurance cover. The Technical Datasheet forms an integral and substantive part of the contractual agreement.

Annex C. This is the Certificate of Compliance (Modello di Attestazione di conformità). It serves to certify that the new build warranty complies with the standard template. This is in order to comply with Article 4 paragraph 1-quater pursuant to which, the deed of transfer of ownership must contain the identification details of the new build warranty and the certificate of compliance.

What if there is no new build warranty?

Failure to issue a new build warranty at the time of the transfer of ownership constitutes grounds for invalidating the sale and purchase agreement. Withdrawing from the purchase can only be exercised by the purchaser (it is in fact a ground for relative invalidity).

Moreover, as a result of the amendments introduced by Legislative Decree 14/2019, in addition to possible action to void the sale, the purchaser has the right to enforce the warranty in the event of a breach by the builder, provided that the purchaser notifies the intention not to proceed with the completion of the transaction (art. 3 paragraph 3b of Legislative Decree no. 122/2005).

Finally …

Buying a property in Italy is always exciting, but when your new Italian home is a new build, it’s extra special. You’ll be the first to make the property a home, having everything exactly as you would like it to be. But before you buy, you’ll want to check that all the building work and related paperwork is correct. At De Tullio Law Firm, we have decades of experience specialising in Italian property law. Get in touch and let us help you make your Italian new build property purchase safely.

You may also be interested in Insurance Policy for Off-Plan Properties.

You may also like to watch our info videos about Italian property, succession and family law.

Abuso edilizio (Unauthorised Construction) in Italy

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Abuso edilizio (Unauthorised Construction) in Italy is not uncommon

Abuso edilizio, or anauthorised Construction, in Italy is a common issue that you might have encountered if you have bought, or are in the process of buying, an Italian property.

What constitutes unauthorised construction in Italy?

In general terms, unauthorised construction occurs when someone makes changes to a property without obtaining legally required permission.

Depending on the seriousness of the offence, a range of sanctions is applicable. There are three categories of unauthorised construction offences in Italy.

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1) Total violation

Work without a building permit or where the work is in total breach of permission. In other words, there is no permit or the building completely differs from the provisions of the permit.

2) Substantial violation

This is work that substantially diverges from the building permit. The work comprises significant qualitative and quantitative differences compared to the authorised project.

3) Partial violation

Here, work partially deviates from the building permit. That is to say, although the work has authorisation, it is not in accordance with the permit.

Unauthorised construction in Italy is a criminal offence

All of the above violations are criminal offences. As such, they are subject to criminal prosecution as well as sanctions. Building offences are punishable not only with administrative sanctions but may also involve arrest and a fine.

In some cases, where someone has unlawfully developed land not zoned for construction purposes, a judge may order the confiscation of the land and property. The land and property therefore become the property of the local municipality and owner receives neither compensation nor damages.

Article 44 of the Consolidated Law on Construction (Presidential Decree no. 380/2001) provides for fines ranging from a minimum of €10,328.00 to a maximum of €103,290.00 depending on the type of offence. In addition, offenders may receive a custodial sentence of up to two years.

Remedial action is possible

For example, you may have increased the volume of your property or carried out renovation work without following the legally required administrative procedure. Or, perhaps you have inherited a property along with zoning and cadastral discrepancies. In both cases legal remedies are available.

Regarding total and substantial violations of building permits you will need a, “Permesso di Costruire in sanatoria”. This may provide an amnesty (condono) which regularises the property. However, this remedy is not applicable to properties in heritage zones or on land in zones where property development is unlawful.

The process of obtaining a Permesso di Costruire in sanatoria is both complex and costly. It involves paying the municipality the normal fee to obtain a building permit to start a new construction project. In addition, penalty payments may amount to double the fee for a building permit. Precise amounts are set by the Italian Regions in accordance with the Consolidated Law on Construction.

A CILA offers a retroactive remedy for partial violations. CILA stands for Comunicazione Inizio Lavori Asseverata (Notice of commencement of certified works). It is a notice you must submit to the municipality prior to undertaking non-routine work on a property. For example, work that does not change the structure of the building but impacts internal layout.

If you submit a CILA once work has started or after the work has finished, this is a CILA “in sanatoria”. Because it is a communication after the event, it entails a fine. €1,000 if the work is already complete and a penalty of €333.33 euros if the work is still in progress.

Finally …

The Office for Italian Statistics (ISTAT), estimates that nationally, some 20% of Italian properties constitute unauthorised constructions. Even more in the southern regions of Italy. On top of these statistics, many properties partially violate legal requirements. For example, they comprise an unauthorised outbuilding or extension.

When you buy an Italian property, it is impossible to tell if there is any unauthorised construction work just from viewing it. To avoid issues such as finding your property is difficult to sell or even unsaleable later on, you should check municipal planning and zoning records and land registry files to ensure that the whole property has all the relevant consents.

The key to making your Italian property project as safe and smooth as possible is to appoint a legal team that speaks your language. De Tullio Law Firm has a thorough understanding of Italian property law and decades of experience managing Italian property transactions.

Get in touch with us: info@detulliolawfirm.com

You may also be interested in Italian Property: Who Is Liable for Defects in Building Work in Italy?

Renovating a property in Italy: Avoid common mistakes

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Avoid common mistakes when buying a property to renovate in Italy

Buying and renovating a property in Italy is a common scenario. It is also a common scenario for these projects to end in heartache.

At De Tullio Law Firm we often don’t meet these buyers until after they have purchased a property. They have usually spent way more than they expected and need to fix problems.

The best advice we can give you is to engage an Italian lawyer before buying a property to renovate in Italy. It will save you time, money and anguish.

A Renovation property in Italy: the right project for you?

No matter how experienced you are, a renovation project anywhere can be a stressful and time-consuming process. Even more so if you live overseas, can only visit Italy periodically and you are not a fluent Italian speaker. Unless a project is guaranteed to give you your dream home, or make you money, think carefully. You may be taking on the wrong property.

Get Your FREE Guide to Building and Renovating Property in Italy

Our PDF guide covers everything you need to know before you start renovating or building a property in Italy

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Make sure you know exactly what you are buying

Don’t wait to discover major legal issues such as lack of planning permission until after your purchase is complete. Having a lawyer means you have someone to work on your behalf to conduct thorough due diligence. Any legal non­-compliances will be detected before you complete the purchase.

In addition, your lawyer will assist you in obtaining a structural survey. A survey of the property will reveal important information about construction and building materials. It will highlight problems and remedial actions. Moreover, it will give you a good indication of the likely cost of renovations. It is also worth commissioning a measured survey of the building. This will give you a detailed set of floorplans and elevations on which to base your proposed renovations.

Builders

Even minor renovations can turn into a nightmare if your builders or subcontractors fail to do a good job.

Always ask for references, and speak to previous clients. Your lawyer can help you hire reputable builders and can act as project manager on your behalf throughout the project.

Buying a renovation property in Italy: costs

Work always costs more than you expect. This is because you can’t foresee some problems until renovations start. You may have to change your mind or alter designs or specifications.

Always include a budget contingency of 10 – 20% to cover unforeseen costs and fully expect to spend it.

Make sure your plans are as detailed as possible; list all the tasks and materials and, who is going to do the work. Don’t forget to allow for skips, scaffolding, tools and plant hire. Estimate costs by comparing similar projects in the area. Make sure you, and/or your lawyer, get builders’ quotes.

We would recommend that you instruct your lawyer to draft a building contract with your chosen builder. A building contract makes the builder’s quote legally binding.

Heed Italian rules and regulations when buying a property to renovate

Under no circumstances, should you ignore requirements of the Italian law, as it will eventually catch up with you. Do not undertake any work without first checking whether you need to satisfy requirements such as planning and building permits.

You may also need to notify neighbours or others regarding your renovation plans. Your lawyer can advise you if property deeds contain restrictive covenants, leases or other overriding interests in the property and land.

What are the penalties if you don’t follow the Italian law?

You may think that you can obtain the required planning permission retrospectively. However this is not always possible. Even if you can make  a retrospective planning application, it may be rejected. Your illegal work could then  constitute a criminal offence. In this case, the Italian State may seize your property. Getting your property back will likely be a very lengthy and costly process.

If you fail to obtain the relevant approvals, you will have to prove compliance. This may mean undoing completed work.

Breaching a restrictive covenant or the terms of a lease can lead to a court injunction, you may have to pay fines or even have to undo your renovations.

Before you can start renovations, you will probably need to do some demolition.  As building materials need careful disposal, demolition work is a procedure that will also require authorisation.

Finally …

With over 55 years of experience as specialist property lawyers throughout Italy, we strongly recommend that you seek independent legal advice before purchasing or renovating a property in Italy. If you have already purchased a property but have run into trouble and would like to discuss your situation, please get in touch. We can help!

 

You may also be interested in Building a House in Italy: a short step by step guide and our Guide to Buying Property in Italy. We also have a number of info videos on the subject of how to buy Italian property safely.