Italian Property Law: Our Journey

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A Decade-Long Proposition

For a decade, Mario and Giovanna, our charming elderly Italian neighbors, wanted to sell us their property. The small farm includes several hectares of land, a farmhouse in decent shape, and outbuildings ranging from usable barns to near-ruins. Italian property law is a significant factor in the process, affecting both the vendors’ approach and our response.

To discuss your situation, 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.

The Appeal and the Sticking Point

While the idea of buying the adjacent property was always appealing, the asking price was just too high. Mario and Giovanna aimed to distribute the proceeds among their five grown children and cushion their final years. None of the children were interested in taking on the farm, as they all had their own properties and families elsewhere. We repeatedly turned down their offer due to the price. We suggested that a substantial reduction might pique our interest and made an offer, but they rejected it, holding out for more. Understanding Italian property law helped us navigate these negotiations, ensuring we were aware of our rights and obligations.

The Turning Point

Seven years ago, Mario and Giovanna decided they could no longer manage the farm. They moved into an apartment in town, returning to the farm to spend the summer. They preferred to avoid real estate agency fees and continued their quest for a private sale. After the pandemic, a local goat farmer made an offer, and we shared in their excitement and relief. However, the buyer needed a mortgage and couldn’t secure one, likely due to complications related to Italian property law. The situation dragged on for 18 months and eventually the sale fell through. They came back to us with a lower price, but it was still more than we wanted to pay. By then, Mario’s health was declining.

Unexpected News

One day, Giovanna called, asking us to visit them in their town apartment. We went, and inevitably, the property sale came up. We reiterated our previous offer, still shy of their expectations. Not long afterward, sadly, Mario died, and amidst the grief, the matter was set aside, unresolved.

We maintain regular contact with Giovanna. She has been a friend for many years. Our mutual affection has always been a constant. We visit her regularly for coffee and conversation. Occasionally, during these visits, the subject of the farm sale would resurface as she and her children navigated the labyrinthine Italian probate process under Italian property law.

Unexpectedly, in late December, a family delegation arrived at our house. They brought season’s greetings and the news that all the heirs, including Giovanna, had decided to accept our offer. Giovanna said Mario had always hoped we would buy the property, believing we would care for it properly.

Engaging Legal Expertise in Italian Property Law

Having made a verbal agreement to purchase the property, we immediately engaged De Tullio Law Firm, experts in Italian property law. The team initiated due diligence and contacted a surveyor and a notary.

The first thing they discovered was that according to property plans, one of the doors leading to the terrace should have been a window. This wasn’t a huge issue as post-purchase, we intend to renovate the house and we could fix that.

However, as the team looked into the paperwork, it became apparent that there were other issues with the property. All these matters explained why the goat farmer had encountered difficulties securing a mortgage.

Even minor irregularities with Italian town-planning and cadastral regulations, under Italian property law, can complicate sales and purchases, particularly when the buyer requires financing. Banks mandate full compliance with regulations.

Navigating Legal and Regulatory Challenges with Italian Property Law

Having lived in Italy for almost 20 years, we have seen expat property owners grappling with discrepancies when they come to sell properties at a later date. They often find their assets adversely affected in terms of resale value and marketability because of minor issues that were present when they first bought the properties. This underscores the importance of conducting thorough legal due diligence when purchasing a property. Italian property law is very complex. As soon as you know you want to buy a property in Italy, you should engage a property lawyer.

De Tullio Law Firm discovered a critical omission in the succession paperwork: not all buildings were accounted for in the sale. This discrepancy arose because Mario and Giovanna had failed to declare a collapsing outbuilding in the original title deed, drafted in the 1980s when they acquired the particular parcel of land from another neighbor of ours. This old outbuilding was erected prior to 1967.

Understanding Italian Property Law and Building Regulations

Italian buildings constructed before September 1967 were not subject to municipal authorization due to the absence of comprehensive national building regulations. The enactment of Law No. 765 in 1967 marked a pivotal shift in Italian property law, mandating building permits from municipal authorities and standardizing processes across Italy. Prior to this law, construction practices were governed by local customs and lacked formal oversight.

However, despite its derelict condition, the outbuilding must still be registered in both the land registry and the Nuovo Catasto Edilizio Urbano (NCEU). The latter serves as a registry for urban properties, and inclusion is a legal prerequisite for transactions such as sales or transfers of ownership under Italian property law.

In our case, updating the succession paperwork from the tax authority to include the outbuilding in the sale are imperative steps under Italian property law. Additionally, the vendors will need to rectify the original title deed to include the outbuilding. These measures will ensure legal compliance and clarity in the transaction.

Addressing Land Registry Discrepancies Under Italian Property Law

The land registry map of the property presents a concerning discrepancy: none of the buildings are accurately depicted. Rectifying this will entail updating the land registry.

Then, a neighbor has encroached on two of the land parcels included in the sale. Part of the neighbor’s house extends onto one parcel, while his garden spills over onto another.

The neighbor is a kind elderly gentleman, and we don’t want to risk boundary disputes either with him, or potentially with his heirs in the future, who might assert usucapione rights. Resolving this dilemma requires subdividing the land the neighbor is currently using as a garden and adjusting the boundary accordingly. Similarly, where the neighbor’s property encroaches onto land included in the sale, boundary lines must be redrawn.

While both sections of land will be gifted to the neighbor, the vendors must ensure that they and the neighbor have them legally registered to ensure clarity and avoid any future disputes under Italian property law.

Italian Property Law: Verifying the Internal Layout

It’s crucial to check the internal layout of the property. Although the vendors had provided their own plans, official municipal plans often differ.

The vendors had already mentioned a discrepancy with the door leading to the terrace. Would the vendors’ plans match the ones held by the local municipality’s technical department when reviewed? The team at De Tullio Law Firm investigated this using the services of a geometra.

After several weeks of waiting, the geometra received notification that the relevant file had been “misplaced” in the municipal archives. He applied to the provincial archives for a copy. Thankfully, apart from the issue with the extra door, the interior plans match the actual layout of the house.

Moving Forward with the Preliminary Contract

Despite these, and a few other issues, we asked De Tullio Law Firm to organize a preliminary contract. We wanted to secure the farm while protecting ourselves from purchasing a property that is not fully compliant with planning regulations under Italian property law.

After several iterations between the lawyers at De Tullio Law Firm and the notary, we now have a preliminary contract in place with conditions precedent that specify the remedial work required before completion, with the costs to be borne by the vendors. The deadline for completion is December 31st, providing the vendors a realistic amount of time to address all the discrepancies.

To discuss your situation, 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.

Finally …

De Tullio Law Firm extends our gratitude to our clients for sharing their journey to purchase their neighbor’s farm. Italian property law is indeed complex, and seeking legal advice is crucial to safeguard your interests and resolve issues before buying property in Italy. As this case demonstrates, what initially appeared to be a straightforward transaction revealed a number of discrepancies, highlighting the importance of due diligence.

The Office for Italian Statistics (ISTAT), estimates that approximately 20% of Italian properties are illegally built. Additionally, Italy currently faces a significant backlog of over 4 million retroactive planning applications for illegal constructions. Some estimates suggest this number could be multiplied by at least five when including properties with minor irregularities.

Despite the challenges in this case, all the issues are resolvable. We anticipate that the signing will take place by the December deadline. This case underscores the critical role of thorough legal checks in property transactions, ensuring a smooth and compliant acquisition process.

At De Tullio Law Firm, we offer personalized advice and support. With over 55 years of experience handling clients’ Italian and cross-border property, residency, family, and inheritance matters, we are right beside you.

Book a FREE CONSULTATION with one of our lawyers here.

Buying a House in Umbria: A Guide

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Are you considering buying a house in Umbria? In this article, we’ll look into the this region of Italy. From its cultural richness to its stunning landscapes, we’ll explore what makes Umbria a true gem. Additionally, we’ll offer valuable insights into its real estate market and guide you through the property acquisition process.

To discuss your situation, 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.

Buying property in Umbria

Buying a House in Umbria: Discovering this Italian Region

Located in the heart of Italy, Umbria exudes enormous charm. Its rolling hills, medieval villages, and vibrant cultural legacy define its allure. Aptly dubbed the “Green Heart of Italy,” with its lush vineyards and olive orchards. In essence, Umbria offers an idyllic retreat for nature lovers and those in search of tranquillity.

Buying a house in UmbriaHistorical cities like Perugia and Assisi abound with artistic and architectural treasures, echoing the region’s rich significance in Italian history. With its clifftop location, Orvieto offers breathtaking panoramic views and is home to a magnificent Gothic cathedral. Gubbio captivates with its impeccably preserved medieval ambiance, labyrinthine cobblestone streets, and a palatial legacy tracing back to the 14th century. Moreover, the delectable local cuisine and vibrant traditional festivals make Umbria an irresistible destination for those seeking to invest in a home in the heart of Italy.

Buying a house in Umbria

However, Umbria’s appeal extends beyond its geography. Its real estate market, with prices averaging lower than in neighboring regions like Tuscany, is enticing investors. Amidst rising tourism and slightly declining property prices, many are opting to invest in Umbria’s real estate market. Renowned tourist destinations like Spoleto, Terni, and Todi further bolster its attractiveness, drawing thousands of visitors annually.

While investing in Umbria for a buy-to-let vacation home, bed & breakfast, or guesthouse can be a profitable venture, the region’s property market and procedures are unique. It’s therefore essential to understand these nuances before signing any paperwork.


Buying a House in Umbria: Legal Compliance

If you’ve come across a property you like in Umbria it’s essential to verify if its present condition aligns with its legal status as documented in the land registry and that it complies with urban planning permits.

Ensuring the continuity of property titles and confirming the absence of third-party rights are also crucial steps. Take the time to thoroughly assess these aspects to ensure everything meets your expectations and requirements.

Be cautious! Despite assurances from the real estate agent or seller, the property may be non-compliant.

Unlike other Italian regions, in Umbria, vendors aren’t obligated to provide buyers with a compliance report. Yet, this document is crucial for ensuring the property’s legal integrity, certifying urban and cadastral compliance. Known as “Relazione di rispondenza edilizia e conformità catastale” in Italian, it should be produced and signed by an authorized individual in the technical department at the local municipality.

Therefore, the risks of buying a non-compliant house are automatically higher in Umbria. It is common for the property’s actual condition, as recorded in the land registry, not to match that approved within urban planning permits.

Due to economic and administrative reasons, work is often carried out without permission in Italy. Identifying lack of permits and defects within a house can be difficult without first conducting a thorough analysis of property-related documentation.

Buyer’s Responsibilities in Umbria

Upon acquiring the property, the buyer assumes financial, civil, and criminal liability for any non-compliances. Obtaining retroactive permission to rectify issues may prove difficult or impractical. Even if it is possible, securing retroactive permissions can be time-consuming and expensive. Additionally, minor compliance issues could hinder obtaining new building permits or engaging in rental activities.

Precautions Regarding Access and Easements

In some cases, access to the desired property may involve traversing a path situated on a neighbor’s land. In such instances, meticulous contract drafting is vital to secure the transfer of rights-of-way. Additionally, parts of the land for sale might be utilized by others. To ensure a secure purchase in Umbria, it’s crucial to identify all access rights and easements to fully comprehend their terms before committing to any agreements.

Seismic Risks in Umbria

Umbria, being in a seismic region of Italy, poses risks like earthquakes and landslides. Before buying property in Umbria, it’s crucial to assess these risks. It’s wise to engage a surveyor for a full geological and structural evaluation of the property to ensure occupant safety.

To discuss your situation, 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.

Finally …

While real estate agents and sellers aren’t obliged to ensure property compliance or provide compliance reports, notaries conduct basic checks. However, by law, the responsibility for legal verification rests with the potential buyer. Conducting due diligence when buying a house in Umbria is crucial to avoid assuming liability for pre-existing defects.

Conducting due diligence can be a complex and time-consuming process, requiring a deep understanding of Italian law and administrative procedures. It’s common practice to enlist the services of a specialized real estate lawyer to manage this task on your behalf. A lawyer will oversee the entire procedure, including verifying documentation (urban, cadastral, zoning, mortgage, energy, habitability, etc.), drafting necessary contracts, handling administrative formalities, and accompanying you to the notary on the day of signing the deed.

The notary, an official of the Italian State is responsible for overseeing property transactions among other duties. By law, notaries must remain impartial in property transactions. They cannot provide legal advice to any of the parties involved. Therefore, a notary cannot substitute a lawyer in representing the buyer’s interests.

Buying a house in Umbria can yield significant rewards, yet it necessitates meticulous attention and adherence to legal protocols. Drawing upon more than 55 years of expertise across Italy, De Tullio Law Firm can guide you through the entire process. Our team of expert lawyers offers tailored advice, guaranteeing a secure and legally compliant investment. Book a free call today to embark on your path to owning a home in the captivating Umbria region.

You may also be interested in our guide to buying property in Puglia.

Property in Umbria

How to Buy a House in Italy: Legal Tips

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Buying a house in Italy?

In this article, we explore the step-by-step process of buying Italian property.

From picturesque villas to seaside retreats, discover essential legal tips and insights for a safe property purchase.

To discuss your situation, 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.

Real Estate Options Across Italy

Whether you’re in the market for an apartment or a villa in prime neighborhoods of Rome, Milan, Florence, Venice, and Naples, or hidden real estate treasures in Sardinia, Tuscany, or along the scenic Amalfi Coast, Italy offers options for everyone.

Italy’s lake regions, including Lake Maggiore, Lake Como and Lake Garda boast breathtaking properties. Alternatively, explore seaside retreats in Calabria, Sicily, Liguria on the Riviera di Ponente, Sardinia’s Costa Smeralda, or coastal havens in Campania, Capri, and Ischia. In addition, there’s a wealth of beauty waiting to be discovered in smaller, lesser-known villages and small towns throughout the country.

Recent government efforts have focused on attracting foreign investment to boost the Italian property market. A range of incentives is available, such as tax breaks for first-time homebuyers and subsidies for renovation projects.

Understanding the Process of Buying a House in Italy

The process of buying a house in Italy is substantially different from many countries. To navigate it successfully, it’s essential to grasp the three main stages of the purchase process:

1. Reservation Offer: The potential buyer formalizes their intention to buy the property.
2. Preliminary Sales Agreement: The parties agree on the details of the various terms of the transaction.
3. Final Deed of Sale:  Completion of the transaction, transferring ownership from the previous owner to the new owner.

Buying a House in Italy: The Reservation Offer (or “Proposta di Acquisto”)

When a buyer identifies a property they’re interested in purchasing, the initial step involves submitting a reservation offer. This offer serves to communicate the buyer’s desire to acquire the property under predetermined conditions from the vendor. This initial action holds significant importance; upon acceptance, the offer transforms into a legally binding contract, compelling both parties to fulfill obligations in order to finalize the transaction.

Conformity and Controls in Italy

In Italy, there is no legal requirement for real estate agents to verify the legal compliance of the properties they represent. Moreover, their incentive structure may discourage full disclosure of property details to buyers, as their commission often hinges on transaction completion.

Likewise, Italian notaries typically don’t perform comprehensive urban planning and land registry conformity checks. They primarily depend on information provided by the seller.

From a legal standpoint, the responsibility falls on the potential buyer to conduct all necessary legal due diligence when buying a property in Italy.

Due Diligence: Preliminary Verification and Documentation

Prior to submitting a reservation offer, it’s imperative to conduct preliminary due diligence by examining pertinent documentation and accessing various real estate records. This process enables the potential buyer to evaluate the property’s compliance with land registry, zoning, and planning regulations. Additionally, it’s crucial to ensure the absence of mortgages, debts, or outstanding charges on the property. Simultaneously, buyers should verify that property systems, such as electrical and photovoltaic systems, comply with regulations. Additionally, they should anticipate any tax implications associated with the acquisition.

Drafting the Reservation Offer

Following preliminary due diligence findings, the prospective buyer can submit a formal reservation offer, which should be tailored to comprehensively safeguard their interests.

Many real estate agencies may suggest using a pre-printed reservation offer form. However, these generic templates often fall short in ensuring full protection for the buyer. They typically fail to accurately represent the property’s specifics such as planning and construction permits, existing mortgages, absence of a habitability certificate, energy efficiency or any third-party rights.

Moreover, they do not address the buyer’s individual circumstances such as financing arrangement needs, timelines for formalities, tax implications, and other pertinent factors related to the purchase.

If a buyer fails to include relevant conditions in the reservation offer, it will not be possible to add these to the preliminary contract in the next phase of the purchase process.

Consulting a Lawyer when Buying a House in Italy

While not mandatory, it’s commonplace for buyers to engage a lawyer’s services when buying a house in Italy.

  • The lawyer undertakes thorough due diligence to facilitate the acquisition on behalf of their client, optimizing tax and financial considerations.
  • They handle administrative procedures, including obtaining an Italian tax code.
  • After conducting due diligence, the lawyer negotiates on the buyer’s behalf, advocating for adjustments to the reservation offer terms to protect their interests.
  • They customize the reservation offer based on findings, ensuring inclusion of necessary clauses, such as addressing planning issues or mortgage cancellation.

Typically, the reservation offer is drafted bilingually (in Italian and the buyer’s language) to provide clarity on legal implications for all parties involved.

Consequences of Acceptance

Upon the vendor’s acceptance of the reservation offer, two significant outcomes unfold:

  1. the buyer pays a deposit to the seller, and
  2. the seller removes the property from the real estate market, typically for a 15-day period.

When signing the reservation offer, the purchaser remits a deposit to the vendor, which, upon finalizing the purchase, becomes partial payment of the total price. However, if the vendor declines the reservation offer, the buyer pays no deposit.

In many countries, payments like deposits, installments, or balances are commonly held in escrow. However, in Italy, such payments are directly transferred to the vendor’s bank account. This arrangement carries implications and risks for the potential buyer. If one of the parties to the transaction fails to meet conditions in the reservation offer or if either party withdraws from the transaction before the final deed of sale, the potential buyer may encounter challenges in reclaiming the deposit.

To protect this and later deposits in the event of any contingencies or disputes, notaries in Italy have the option to hold deposits in escrow or holding accounts. However, the use of such an account must be expressly stipulated as a condition in the reservation offer.

Real Estate Agency Commission

In contrast to many countries where the real estate agent’s commission is payable upon completion, Italian law mandates commission payment upon signing the reservation offer, unless explicitly stated otherwise in the reservation offer.

Buying a House in Italy: The Preliminary Sales Agreement (or “Contratto Preliminare di Compravendita”)

The contratto preliminare di vendita holds significant legal importance as it delineates the detailed terms and conditions of the sale. The buyer must carry forward terms and conditions established in the reservation offer to the preliminary contract. Additionally, the preliminary contract forms the basis for the notary public to draw up the deed of sale in the final phase of the purchase process.

Engaging Legal Assistance

Again, the estate agent may provide a standard preliminary contract. This may lack conditions relating to the buyer’s personal situation. It could ultimately result in financial loss through inability to complete the purchase or acquiring a property needing costly remedial work. Therefore, it is highly advisable for the buyer to engage the services of a lawyer to draft the preliminary contract, ensuring all details are in their best interests.

Validity of Contract Conditions

While it may be tempting to modify an existing template to cover various situations, it is crucial to note that Italian law only considers specific types of conditions as valid. Conditions that solely benefit one party, known as potestative conditions, are invalid under Italian law. For instance, a condition allowing the buyer to unilaterally terminate the agreement if the property doesn’t meet their expectations is not acceptable. However, conditions affecting both parties, such as the buyer’s ability to secure a mortgage, are valid.

Legal Implications and Deposit

If the vendor’s legal advisor drafts the preliminary contract, it’s essential that the buyer to has their own lawyer examine it. The lawyer can provide detailed advice on the legal implications before signing.

An essential legal element of the preliminary contract is the payment of a second deposit (“caparra confirmatoria”), typically at least 10% of the purchase price.

The buyer will lose their deposit if they back out of the purchase without a valid legal reason stipulated in the preliminary contract. However, if the vendor withdraws from the sale, the deposit must be refunded in full, with the buyer also having the right to pursue a claim for double the amount of the deposit through the Italian courts.

Role of the Notary and Buyer’s Legal Safeguards

In the preliminary contract, the parties also designate the date for finalizing the sale in the presence of a public notary, an official of the Italian State responsible for overseeing property transactions among other duties.

By law, notaries must remain impartial in property transactions. They cannot provide legal advice to any of the parties involved. Therefore, a notary cannot substitute a lawyer in representing the buyer’s interests, highlighting the importance of engaging an independent lawyer to ensure legal safeguards.

The notary conducts basic checks including confirming each party’s rights to buy or sell the property, conducting land registry searches for any claims or mortgages, and verifying planning permission.

Since buyers have already paid a substantial deposit before notarial checks occur, it is essential to ensure that all aspects are clear. Before committing to the preliminary contract, ensure that it includes protective conditions should issues arise during the notary’s checks.

Buying a House in Italy: The Deed of Sale (or “Rogito Notarile”)

The last step in the process of buying a house in Italy consists of completing the final deed of sale in front of a notary. The public notary usually conducts the signing of the deed of sale at their office. They read aloud and explain the Italian version of the deed in the presence of the vendor, buyer, and/or their legal representatives.

If a party to the transaction is unable to be present at the signing, they can grant power of attorney to a lawyer to represent them.

Parties to the transaction have the opportunity to read and check the deed to ensure accuracy. Having a bilingual lawyer present allows the buyer immediately address any questions or concerns.

Once all relevant parties have signed the deed, the buyer pays the balance of the purchase price to the vendor and receives the keys to the property.

It takes approximately one month, following the signing of the deed of sale, for the relevant land registry office to register the deeds of new ownership. Following  registration, the new owners receive a copy of the title deeds. If not present in Italy when the title deeds become available, the lawyer can collect them on behalf of the buyer and send them on or hold them in safekeeping.

Choice of Notary: A Privilege of the Buyer

Italian law grants the buyer the privilege of choosing the notary to establish the deed. It is advisable to avoid following the recommendations of the real estate agent or the seller on this point to prevent any conflict of interest. Opting for a notary recommended by your lawyer guarantees their level of independence and impartiality.

Interpreter and Bilingual Lawyer

Italian law mandates that any foreign buyer not fluent in Italian must obtain the assistance of an interpreter at the time of signing the deed of sale. Engaging a bilingual lawyer is thus an economical solution as they can act both as a legal advisor and an interpreter.

To discuss your situation, 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.

Finally …

Before purchasing a house in Italy, it’s essential to engage a local lawyer with expertise in property matters. You should personally select your own rather than relying on recommendations from the estate agent or vendor.

Choose a lawyer who is proficient in your language to ensure not only legal guidance but also translation services. Your lawyer should also be capable of recommending surveyors, builders, and other professional services as needed.

Additionally, you may wish to give your lawyer power of attorney in case you are unable to be present in Italy for the completion of the purchase. Entrusting this responsibility to someone with potentially conflicting interests, such as an estate agent or a friend, can pose significant risks.

Before proceeding with your property investment in Italy, consider reaching out to us for assistance. At De Tullio Law Firm, we offer comprehensive advice and support throughout your Italian property purchasing journey. With over 55 years of experience handling clients’ Italian and cross-border property, family, and inheritance matters, we are well-equipped to guide you.

Book a FREE CONSULTATION with one of our lawyers here.

Beautiful Italian Villages

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Italy is renowned for its breathtaking landscapes, rich history, and exquisite cuisine. While cities like Rome, Florence, and Venice often steal the spotlight, there’s a wealth of beauty waiting to be discovered in smaller, lesser-known villages and small towns. Known as “borghi” in Italian. In this blog post, we’ll take a journey through some of the most beautiful Italian villages, as rated by American tourists, and uncover the allure of these hidden gems.

To discuss your situation, 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.

The Allure of Beautiful Italian Villages:

These borghi, many with fewer than 10,000 inhabitants, offer a glimpse into a bygone era. They boast medieval charm, Renaissance squares, and magnificent Baroque palaces, all set against stunning landscapes. Perched atop hills or nestled within fortified citadels, these beautiful Italian villages have weathered the passage of time, bearing witness to centuries of history. Each alleyway and corner invites exploration, promising a different perspective. From mountains and rolling hills to the picturesque coastline, these places are enchanting.

These Beautiful Italian Villages Offer More Than Scenery and Cultural Charm:

These beautiful Italian villages provide a glimpse into a lifestyle that many dream of experiencing firsthand. For readers who may be considering buying an Italian property or moving to Italy, these villages can offer ideal settings to call home.

However, before embarking on the journey of purchasing property in Italy, it’s crucial to navigate the legal intricacies involved. Engaging a local lawyer experienced in property matters is paramount. This should be someone you choose independently, not someone recommended by the estate agent or vendor. It’s essential to select a lawyer who speaks your language fluently, ensuring clear communication and a comprehensive understanding of the legal process. Your lawyer can provide invaluable assistance, not only in legal matters but also in translation services.

Furthermore, your lawyer can recommend other professionals such as surveyors, builders, and various other professional services. Entrusting your lawyer with a power of attorney can also provide peace of mind, especially if you’re unable to attend completion in person.

Discovering Italy’s Hidden Treasures:

In total, 12 villages have been selected by Travel+Leisure, one of the foremost American magazines focussing on travel. These beautiful Italian villages, chosen by seasoned globetrotters and lifestyle experts, offer a unique glimpse into the heart and soul of Italy. While iconic cities like Florence and Rome remain perennial favorites, there’s a growing interest in exploring picturesque small towns dotting the Italian countryside.

Top 12 Beautiful Italian Villages:

 

Anghiari, Tuscany:

Situated on the hills bordering Tuscany and Umbria, Anghiari boasts a rich history and panoramic views of the Apennines.

Anghiari

Cortina d’Ampezzo, Veneto:

Known as the “Queen of the Dolomites,” Cortina offers more than just ski slopes, with its preserved town center and stunning alpine scenery.

Beautiful Italian Villages: Cortina d’Ampezza

Tropea, Calabria:

Perched on the “Coast of the Gods,” Tropea enchants with its cliffs, turquoise waters, and culinary delights.

Tropea

Norcia, Umbria:

Nestled in the Umbrian countryside, Norcia captivates with its medieval streets, panoramic vistas, and gastronomic delights.

Beautiful Italian Villages: Norcia

Palmanova, Friuli Venezia Giulia:

A star-shaped architectural marvel, Palmanova offers a journey back in time with its well-preserved Renaissance buildings.

Palmanova

Bosa, Sardinia:

On the western coast of Sardinia, Bosa charms visitors with its pastel-colored houses, ancient castle, and laid-back atmosphere.

Beautiful Italian Villages: Bosa

San Vito Lo Capo, Sicily:

This Sicilian gem boasts a stunning beach, historic charm, and a vibrant cultural scene.

San Vito Lo Capo

Treia, Marche:

Tucked away in the hills, Treia offers a medieval atmosphere and breathtaking views of the surrounding countryside.
Beautiful Italian Villages: Treia

Otranto, Puglia:

Located on the Salento peninsula in Puglia, Otranto is a condensed history of the Mediterranean, with its castle, cathedral, and scenic coastline.

Otranto

Brisighella, Emilia Romagna:

In Emilia Romagna, Brisighella enchants with its medieval architecture, panoramic views, and culinary delights.

Brisighella

Civita di Bagnoregio, Lazio:

Known as the “dying city,” Civita di Bagnoregio is a medieval marvel perched on a tuff rock, accessible only by foot.

Civita di Bagnoregio

Portovenere, Liguria:

Nestled at the eastern end of the Ligurian Riviera di Levante, Portovenere boasts colorful houses, ancient fortifications, and stunning views of the Gulf of Poets.

Beautiful Italian Villages: Portovenere

To discuss your situation, 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.

Finally …

Are you interested in understanding more about the process of buying and selling property in Italy? We offer a number of free resources to guide you through. De Tullio Law Firm, with over 55 years of experience in Italian and cross-border property matters, offers expert advice and guidance throughout your Italian property purchasing journey. Don’t hesitate to contact us and start your Italian property adventure on the right foot.

You may also be seeking information about how to obtain an Elective Residence Visa for Italyor you might like to peruse our series of informational videos.

Italian First Home Benefits for Expatriates

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Law No. 103 of 10.08.2023, coupled with amendments to DL No. 69/2023, has ushered in significant changes to Italian first-home benefits for expatriates. This pivotal legislation not only addresses an infringement procedure initiated by the European Commission against Italy but also introduces key enhancements to the first home benefits regime.

To discuss your situation, 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.

The Innovation Introduced by DL No. 69/2023

DL No. 69/2023 addresses a critical issue flagged by the European Commission concerning first home benefits for expatriates. This decree, aptly named “Salva infrazioni” (Save Infractions), rectifies discrepancies in the application of reduced property taxes for expatriates. Now, expatriates who have resided or worked in Italy for at least five years and are transferred abroad for work reasons can enjoy reduced property tax rates when purchasing a property in Italy.

Understanding Italian First Home Benefits

Italian first-home benefits encompass a range of advantages aimed at facilitating property acquisition for expatriates. These benefits include reduced tax rates, fixed tax amounts, and VAT reductions, making property ownership in Italy more accessible and affordable.

Reduced Tax Rates: Expatriates can benefit from lower registration tax rates, alleviating the financial burden of property acquisition. Under the first home benefits scheme, taxes payable when buying property in Italy include:

For purchases from private individuals or VAT-exempt companies:

– Proportional registration tax at a rate of 2% (instead of 9%)

– Fixed mortgage tax of 50 euros

– Fixed cadastral tax of 50 euros

For purchases from companies subject to VAT:

– Reduced VAT at 4%

– Registration tax of 200 euros

– Mortgage tax of 200 euros

– Land registry tax of 200 euros

These reduced tax rates and fixed tax amounts provide transparency and predictability in property transaction costs, enhancing the appeal of property ownership in Italy for expatriates.

Eligibility Criteria for Italian First Home Benefits

To qualify for Italian first home benefits, expatriates must meet stringent eligibility criteria. These criteria include sole ownership of the property, compliance with municipal constraints, meeting residency prerequisites, and adhering to specific property categorization requirements. Moreover, only properties falling under designated cadastral categories, such as A/2, A/3, A/4, A/5, A/7, and A/11, are eligible for the benefit.

Evolution of Legislation for Italian First Home Benefits

Previous legislation provided exceptions for expatriates, particularly those relocating abroad for work. However, DL No. 69/2023 introduces a refined framework, emphasizing stricter residency and property location criteria. These changes ensure that benefits are directed towards individuals with substantial ties to Italy.

Rectification Procedures and Self-Certification

In cases where applicants fail to declare their residency status abroad at the time of purchase, rectification procedures exist. Italian citizens residing abroad can rectify their status through self-certification, as clarified by the Revenue Agency. This ensures compliance with residency prerequisites and maintains continuity in benefit entitlement.

Changes Introduced by DL No. 69/2023

DL No. 69/2023 introduces a new discipline regarding first home benefits for expatriates. This decree stipulates that individuals who transfer abroad for work reasons must have resided or carried out an activity in Italy for at least five years prior. Additionally, the property must be located in the municipality of birth or where they previously resided or conducted business.

Finally …

Understanding these legislative changes is crucial for expatriates considering property investments in Italy. With over five decades of experience, De Tullio Law Firm has been consistently delivering expert legal advice to international clients. Moreover, while we offer comprehensive legal services across all domains of Italian law, our particular emphasis is on real estate, residency, family law, and inheritance matters.

We take immense pride in providing personalized legal services to our clients. Additionally, we have a strong reputation for delivering pragmatic and efficient solutions. If you are exploring investment opportunities in Italian real estate, don’t hesitate to get in touch with us. We are right beside you, guiding you every step of the way.

 

You may also be seeking information about how to obtain an Elective Residence Visa for Italy or you might like to peruse our series of informational videos.

To discuss your situation, 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.

 

Canadian Investors: Italian Real Estate 2024

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Against the backdrop of Canada’s prolongation of its ban on foreign involvement in its real estate market, this blog post serves as an update on previous discussions, offering insights into recent developments. We aim to provide Canadian investors with an understanding of shifts in Canadian property law and explore potential investment opportunities in Italian real estate.

Canada’s recent decision to extend the Foreign Property Purchase Restriction Act (FPPRA) for an additional two years has reignited debates. Questions arise regarding the ban’s effectiveness in alleviating housing shortages and its impact on housing affordability for Canadians.

Furthermore, this decision has sparked conversations about investment prospects. Economists and real estate agents contend that foreign ownership has not been the primary driver of demand in Canada. Official data indicates a drop in foreign ownership of homes in Canada, to just 1% from 2 to 3% in 2021, according to Statistics Canada.

Foreign buyers have been implicated in driving up property prices in countries like Australia, the UK, and New Zealand. However, only Canada has taken as firm a stance in banning foreign ownership.

For Canadian investors eyeing real estate opportunities abroad, including Italy, the landscape presents questions. For example, can Canadian investors still pursue real estate investments amidst these regulatory changes?

To discuss your situation, 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.

The Impact of Italian Property Investment Laws on Canadian Investors

Because of Canada’s FPPRA, Canadian investors exploring the Italian real estate market face reciprocal arrangements in Italy.

However, an amendment to the FPPRA in 2023 offers an exemption, unlocking investment opportunities for Canadian investors exploring the Italian real estate market.

The FPPRA Amendment

An amendment introduced on March 27th, 2023, to Canada’s FPPRA, marked a significant shift in reciprocal property investment regulations.

This pivotal amendment exempts certain properties from purchase restrictions in Canada. In particular, those located outside Census Agglomerations or Census Metropolitan areas.

Unlocking Potential for Canadian Investors in Italian Real Estate

Canadian investors exploring Italian real estateWith the aforementioned exemption under the FPPRA, Canadian investors exploring Italian real estate can now seize promising prospects.

Italian properties located in areas with fewer than 10,000 inhabitants have now become accessible to Canadian buyers. To find out more about these areas click here. 
This legal change creates opportunities for Canadian investors exploring Italian real estate markets.

While the FPPRA exemption presents opportunities, due diligence remains paramount for Canadian investors venturing into Italian real estate. Verifying property eligibility through legal professionals will ensure compliance with regulations and mitigate risks.

To discuss your situation, 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.

Finally …

As Canada navigates its real estate policies, Canadian investors exploring Italian real estate have an opportunity to broaden their investment portfolios. With legal exemptions facilitating access to properties in Italy, prudent due diligence and legal guidance are essential for a successful investment venture.

At De Tullio Law Firm, we take immense pride in providing top-tier legal services to our clients. Additionally, we have a strong reputation for delivering pragmatic and efficient solutions. If you are looking to buy Italian real estate, don’t hesitate to get in touch with us. We are right beside you, guiding you every step of the way.

 

You may also be seeking information about how to obtain an Elective Residence Visa for Italy or you might like to peruse our series of informational videos.

 

Click here to read the news release from Department of Finance Canada

 

2024 Italian Real Estate Trends

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As we usher in spring, 2024 Italian real estate trends are subtly complex, painted predominantly in shades of gray. The outlook for the Italian residential housing market spans from relative stability to a slight downturn. However, uncertainties cast a shadow, intertwined with the fluctuating cost of borrowing, as highlighted in a survey by the Corriere della Sera.

To discuss your situation, 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.

The Gray Dominance: Unveiling 2024 Italian Real Estate Trends

Gray, as the dominant color in the residential market of 2024, sets the stage for a year of potential shifts. While some anticipate stability, others predict a gentle downturn. The pivotal factor here is the trajectory of the cost of money, introducing an element of unpredictability. If interest rates decrease, the consensus is not an immediate surge in sales, but rather a certainty that both sales and prices will respond if the cost of money remains static or banks tighten credit access.

Scenari Immobiliari’s Perspective

For a comprehensive understanding, Corriere della Sera sought insights from renowned real estate research firms. Scenari Immobiliari’s President, Mario Breglia, characterizes 2024 as a “year of transition.” He points out that while inflation is decreasing and economic uncertainty is subsiding, shadows persist due to the potential decline in mortgage demand amid reduced incomes. Breglia suggests that families, in response, might choose to defer property purchases until economic conditions improve.

Nomisma’s Analysis

Nomisma’s three-year forecast paints a cautious picture. While a slight recovery in property transactions is projected for 2026, 2024 could witness a substantial decline of 8.8%. The institute’s CEO, Luca Dondi, emphasizes the significance of credit access and the potential impact of a more expansive ECB policy in the coming months.

Market Trends and Predictions for 2024 Italian Real Estate

As we delve deeper into projections, a nuanced narrative unfolds. Nomisma foresees a 17.4% decrease in mortgage disbursements for 2024, coupled with a 6.8% decline in the following year. Price variations in large cities are expected to hover around +0.6%, with Milan leading at +1.4%, and the capital, Rome, at +0.6%. Despite these figures, the overall market sentiment remains cautious, with optimism tentatively deferred to 2025.

The Role of Financing in 2024 Italian Real Estate Trends: MutuiOnline.it’s Perspective

MutuiOnline.it injects a note of optimism, particularly in the financing realm. Alessio Santarelli, the platform’s DG, highlights the divergence between the ECB and the Fed’s approaches to interest rates. He suggests that this prolonged discrepancy may become untenable. However, Santarelli points to the potential for optimism, as Euribor futures indicate a decrease in variable-rate mortgages by approximately 170 basis points by year-end, potentially revitalizing the market for young buyers and those seeking larger homes.

Interpreting the Market Dynamics: Gabetti’s Take on 2024 Italian Real Estate Trends

Gabetti’s CEO, Roberto Busso, envisions a more favorable financial leverage perspective if inflation continues to decline. Nevertheless, he underscores the importance of understanding the evolving demand for a new housing model. Furthermore, Busso suggests that this model may not necessarily involve property ownership, signaling potential shifts in housing preferences.

Considering Societal Changes: Fiaip’s Perspective on 2024 Italian Real Estate Trends

Francesco La Commare, head of the Fiaip study office, highlights the evolving dynamics spurred by diminishing job security. Consequently, this shift has resulted in increased mobility and a growing demand for rentals outside major cities. Importantly, he emphasizes the crucial need for legislative responses to ensure secure leasing options for property owners in this changing landscape.

Forecasting Rental Trends: Tecnocasa’s Insights on 2024 Italian Real Estate Trends

Tecnocasa’s Fabiana Megliola anticipates a growth in rentals due to strong demand. However, she points out that the lack of supply, coupled with a resurgence in short-term rentals, may lead to an unsustainable increase in rents. The future trajectory, she suggests, depends on economic evolution, projected weak growth, inflation trends, and the confidence of businesses and consumers.

To discuss your situation, 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.

Finally …

In a market characterized by uncertainty, navigating the complexities of Italian real estate in 2024 requires careful consideration. If you’re contemplating property acquisition in Italy this year, consider consulting with De Tullio Law Firm. As experts in legal matters related to Italian property, we are right beside you to guide you through the intricacies, ensuring a safe, smooth and informed decision-making process. Get in touch with us for a free preliminary call.

 

 

Buying A House in Puglia: A Guide

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If you are thinking of buying a house in the Italian region of Puglia, you’ve come to the right place. In this guide, we’ll uncover the unique charm of this hidden gem. We’ll also provide insights into its real estate market and look at the property purchasing process.

Buying A House in Puglia: Coastal Beauty and Inland Bounty

Puglia, the heel of Italy, boasts an 800-kilometer coastline along the Adriatic and Ionian Seas. From charming fishing villages to lively coastal towns, Puglia’s shores offer cliffs, golden beaches, and secluded coves.

Venturing inland, the landscape transforms into a tapestry of olive groves, vineyards, and fertile plains. Renowned for olive oil production, Puglia is a leading Italian producer. The Valle d’Itria, with rolling hills adorned by iconic trulli, adds enchantment to the terrain.

The Murge Plateau, a vast limestone highland, commands the central area of the region. In addition to its visual diversity, the Murge Plateau serves as a vital agricultural hub.

Beyond nature’s gifts, Puglia is steeped in rich historical and cultural heritage, with ancient cities like Bari, Brindisi, Taranto, and Lecce standing as testament to the region’s past.

For anyone considering buying a house in Puglia, the affordability of housing and cost of living in Puglia compared to some northern regions of Italy makes it an attractive destination. Puglia offers a high quality of life as well as a unique and inviting atmosphere.

Provinces from North to South Add Layers to Puglia’s Charm

Foggia:

Known for its expansive plains, Foggia is an agricultural heartland, featuring towns like Lucera and Troia, blending historical heritage with rural charm.

Barletta-Andria-Trani:

Formed by three historic cities, this province combines cultural richness with architectural splendor, featuring sites like the Colossus of Barletta and Castel del Monte.

Bari:

Bari, the regional capital, is both an economic hub and a cultural center, featuring historic landmarks like the Basilica di San Nicola and the Swabian Castle.

Brindisi:

This province, with its Adriatic coastal location, is rich in maritime history, offering ancient ruins in towns like Ostuni.

Taranto:

Situated on the instep of Italy’s boot, Taranto boasts ancient Greek ruins and a vibrant waterfront, serving as a gateway to both the Ionian and Adriatic coasts.

Lecce:

Lecce showcases distinctive Baroque architecture, earning it the title “Florence of the South,” while the Salento Peninsula offers sun-soaked beaches.

The Real Estate Market in Puglia

If you are thinking of buying a house in Puglia, let’s explore the diverse range of properties that make the region a strong investment opportunity.

The significance of location cannot be overstated in the Puglia real estate market. Because Puglia is a peninsula, you are never far from the sea. Towns such as Martina Franca, Ostuni and Ceglie Messapica particularly popular for their proximity to the coast. They are also clsose to international airports of Brindisi and Bari. Puglia’s accessibility, combined with a Mediterranean climate, makes it an attractive destination for both residents and tourists.

The real estate market in Puglia is thriving.  Prices are generally lower compared to northern Italy. With its slower, sunnier lifestyle, and the potential return on investment from the vibrant tourism sector, Puglia attracts buyers worldwide. Homes from Polignano a Mare to Santa Maria di Leuca generate significant interest, emphasizing the enduring appeal of Puglia’s architecture and coastal views.

The Range of Real Estate in Puglia

Puglia offers a diverse range of properties. In addition to traditional houses and villas, you will find farmhouses, known as masserie, and iconic trulli with conical roofs. Moreover, the region’s homes often boast breathtaking views of the countryside and/or the sea.

Whether you are in search of a ready-to-live-in house in Brindisi or a trullo in the Valle d’Itria for renovation, Puglia can accommodate every preference and budget. Properties in Brindisi start from around 70 – 80,000 euros. A trullo, in need of renovation, can be purchased for about 50,000 euros. Additionally, the region boasts opulent luxury homes, attracting savvy investors seeking promising returns.

The Process of Buying a House in Puglia

To navigate buying a house in Puglia safely and smoothly, it’s important to understand the main steps of purchasing property in Italy:

  1. The Reservation Offer (Proposta irrevocabile d’acquisto): Once you have identified a property you wish to purchase, you’ll need to submit a purchase offer. Before doing so, it is crucial to carefully study the property’s documentation. In particular, you need to ensure compliance with cadastral, urban planning, energy performance, and tax requirements. Protect your interests by consulting with a specialized lawyer who can review and draft your offer.
  2. The Preliminary Contract (Contratto preliminare di vendita): Upon acceptance of your offer, the next step is to negotiate and establish a sales agreement with the seller. This agreement will outline the terms of the transaction, including the price, payment terms, and any other relevant details necessary for a successful deal.
  3. The Deed of Sale (Atto di vendita): The last stage involves signing the final deed of sale. This legally transfers ownership from the seller to you as the buyer. It is important to note that Italian law requires non-Italian-speaking foreign buyers to hire an interpreter during the signing process. Again, working with a bilingual lawyer can provide significant cost savings as they can act as both a legal advisor and interpreter.

Finally…

Buying a house in Puglia can be a rewarding investment, but it requires careful consideration and adherence to legal procedures. With over 55 years of experience throughout Italy, De Tullio Law Firm can assist you every step of the way. Our team of specialized lawyers can provide expert advice, ensuring a secure and legally sound investment. In addition, we can help you with residence, inheritance and tax matters. Contact us today to start your journey towards owning a house in the captivating region of Puglia.

Buying a House in Tuscany: A Guide

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If you’re considering buying a house in the beautiful region of Tuscany, you’ve come to the right place. At De Tullio Law Firm, we specialize in real estate transactions throughout Italy. We’re here to provide you with valuable information and guidance. In this comprehensive guide, we’ll walk you through the process of buying a house in Tuscany. Additionally, we highlight important considerations and precautions to ensure a smooth and secure investment.

Exploring the Tuscan Real Estate Market

The Tuscan real estate market continues to be highly attractive, offering opportunities for both first-time homeowners and investors. While there was a slight slowdown in transactions during the second half of 2022, overall, the market values in Tuscany have remained positive, indicating stability and potential for growth. In addition, the market has witnessed a shift in buyer preferences, with increasing interest in Tuscan villas that provide a better quality of life, including dedicated workspaces and outdoor areas like terraces or gardens.

The Process of Buying a House in Tuscany

To navigate the buying process effectively, it’s important to understand the main steps involved in acquiring a property in Tuscany:

1. The Reservation Offer (Proposta irrevocabile d’acquisto) : Once you have identified a property you wish to purchase, you’ll need to formalize your desire by submitting a purchase offer. Before doing so, it is crucial to carefully study the property’s documentation, ensuring its compliance with cadastral, urban planning, energy performance, and tax requirements. Consulting with a specialized lawyer who can review and draft the offer is highly recommended to protect your interests.

2. The Preliminary Contract (Contratto preliminare di vendita) : Upon acceptance of your offer, the next step is to negotiate and establish a sales agreement with the seller. This agreement will outline the terms of the transaction, including the price, payment terms, and any other relevant details necessary for a successful deal.

3. The Deed of Sale (Atto di vendita) : The last stage involves signing the final deed of sale, which legally transfers ownership from the seller to you as the buyer. It is important to note that Italian law requires non-Italian-speaking foreign buyers to hire an interpreter during the signing process. Working with a bilingual lawyer can provide significant cost savings as they can act as both a legal advisor and interpreter.

Precautions When Buying a House in Tuscany

While the Tuscan real estate market offers great opportunities, it is essential to be aware of potential risks and take necessary precautions. Here are two key considerations:

1. Deruralization of Properties: Many properties in Tuscany are located in agricultural areas, which may require deruralization before legally inhabiting them. Deruralization involves meeting tax and urban planning requirements, which can incur additional costs. Understanding the implications and expenses associated with deruralization is crucial before proceeding with a purchase.

2. Urban Planning Regulations: Tuscany boasts rich cultural and historical significance, coupled with seismic risks. This results in strict regulations for construction and renovation projects. Before buying a property, it is important to thoroughly check the urban planning guidelines in the area. This will ensure your intended projects align with the regulations.

Finally..

Buying a house in Tuscany can be a rewarding investment, but it requires careful consideration and adherence to legal procedures. With over 55 years of experience throughout Italy, De Tullio Law Firm can assist you every step of the way. Our team of specialized lawyers can provide expert advice, ensuring a secure and legally sound investment. Contact us today to start your journey towards owning a house in the captivating region of Tuscany.

Canadian Investors in Italian Real Estate 2023

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In terms of international property investment, Canadian investors in Italian real estate face a complex and evolving legal terrain. This blog post builds upon a previous discussion and explores recent developments in the legal framework that directly impacts Canadian investors.

We’ll shed light on a crucial exemption to the Foreign Property Purchase Restriction Act (FPPRA), which holds the potential to significantly shape investment opportunities in Italy.

The FPPRA: A New Era in Property Investment

On January 1st, 2023, the Foreign Property Purchase Restriction Act (FPPRA) ushered in a new era for Canadians interested in acquiring Italian property. This  legislation aims to address concerns regarding the concentration of foreign-owned properties in certain regions of Canada.

Under the FPPRA, which restricts property purchases by foreign nationals in specific Canadian areas, Canadians seeking property abroad, including in Italy, face reciprocal restrictions.

A Pivotal Amendment: March 27th, 2023

However, the landscape of property investment took an unexpected turn on March 27th, 2023, with the introduction of a crucial amendment to Canada’s FPPRA. This amendment, found in section 3, paragraph 1, of the FPPRA, introduced an exemption from the property purchase restriction.

The amendment explicitly carves out certain properties from the FPPRA’s restrictions thereby offering a glimmer of hope for investors. This exemption applies to properties located outside Census Agglomerations or Census Metropolitan areas in Canada.

Defining Census Agglomerations and Census Metropolitan Areas

It’s essential to understand the definitions of Census Agglomerations (CAs) and Census Metropolitan Areas (CMAs). A CMA or CA is formed by one or more adjacent municipalities centered on a population center, known as the core.

A CMA must have a total population of at least 100,000, with 50,000 or more residing in the core. On the other hand, a CA must have a core population of at least 10,000. Adjacent municipalities must show high integration with the core in the CMA or CA, assessed from past census data.

If the population of the core of a CA declines below 10,000, the CA is retired. However, once an area becomes a CMA, it remains so even if its total population falls below 100,000. This applies even if the core population dips below 50,000. Small population centers with a population count of less than 10,000 are called fringe. All areas inside the CMA or CA that are not population centers are classified as rural areas.

Unlocking Potential for Canadian Investors in Italian Real Estate

With this exemption in mind, the door for Canadian investors in Italian real estate has opened.

We submitted the issue to the competent unit at the Italian foreign ministry. They have verified and confirmed the exclusion from the investment restrictions of residential properties located outside Census Agglomeration or a Census Metropolitan area in Italy.

The amendment allows Canadians to buy Italian properties located in areas with under 10,000 inhabitants. It therefore signals a crucial legal change and offers exciting investment prospects in Italian real estate.

The Importance of Due Diligence for Canadian Investors in Italian Real Estate

While this exemption presents an attractive prospect, it’s vital to underscore the significance of due diligence. Verifying the eligibility of a property through a lawyer and a Notary Public is fundamental to ensuring compliance with the FPPRA. Italian legal professionals can provide the necessary assurance that the property falls within the exempted category.

Finally…

To successfully navigate the intricacies of international property investment, it’s imperative to have a profound understanding of relevant laws and regulations. With over five decades of experience, De Tullio Law Firm has been consistently delivering expert legal advice to international clients. Moreover, while we offer comprehensive legal services across all domains of Italian law, our particular emphasis is on real estate, residency, family law, and inheritance matters.

We take immense pride in providing top-tier legal services to our clients. Additionally, we have a strong reputation for delivering pragmatic and efficient solutions. If you are  exploring investment opportunities in Italian real estate, don’t hesitate to get in touch with us. We are right beside you, guiding you every step of the way.

 

You may also be seeking information about how to obtain an Elective Residence Visa for Italy or you might like to peruse our series of informational videos.