Certificate of Legitimate Status

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Italy’s real estate landscape has seen significant changes with the implementation of Law 120/2020, known as the Simplification Decree. This decree aims to streamline and simplify building procedures for public administration and reduce complexities for citizens and businesses. One notable aspect is the introduction of the Certificate of Legitimate Status, a crucial document impacting property transactions.

Understanding Tolerances in Building Regulations

The Simplification Decree integrates into the Unified Building Text DPR 380/01, specifically article 34/bis c.3. This section introduces executive tolerances, deviations from building regulations not exceeding 2%, as declared by qualified technicians. These tolerances, highlighted in paragraphs 1 and 2, aim to certify the legitimate state of properties during new applications, communications, and building notifications.

Real-life Example

To illustrate these tolerances, consider a common scenario during real estate due diligence check-ups. Parties involved, such as sellers or real estate agencies, may misinterpret the provision. For instance, an authorised 100-square-metre apartment may be measured on-site as 102 square metres due to construction adjustments. For example the  balcony may have been enclosed. While a 2% excess is permissible, intentional extensions without authorization fall outside this tolerance, necessitating restoration to original measurements.

The legislator’s intent behind these tolerances is to alleviate the workload on public administrations and reduce burdens on property owners for posthumous regularisation of minor building abuses. The criteria for non-conformity include meeting specified cases, absence of protection constraints, and no violation of urban planning or building regulations, ensuring the habitability of the property.

In cases where no building non-conformity exists, and authorization projects are unnecessary, the legislator introduces the “Certificate of Legitimate Status.” This document holds formal value, applicable for regulating real estate transactions, where a seller’s declaration of urban regularity is required.

The Role of the Certificate of Legitimate Status

To guarantee compliance and facilitate the signing of sales contracts, compliance with the land registry and urban regularity by the selling party must be declared. Alternatively, a qualified technician can swear both statements after ensuring compliance with urban and cadastral documentation.

While the Certificate of Legitimate Status is not essential for signing, it acts as an optional but crucial document. Often, sellers lack sufficient training in urban planning, making the document valuable for ensuring a balanced agreement between parties.

Challenges in Property Transactions

Many property transactions still rely on ambiguous urban declarations made by the selling party “before 67.” This legislative loophole, allowing marketability without full urban regularity guarantees, can lead to economic and legal repercussions even after signing.

The dissemination of the Certificate of Legitimate Status as a technical document is a positive step, providing an absolute guarantee and expediting real estate negotiations. Buyers are increasingly considering it essential for a smoother transition to the notarial deed.

For enhanced certainty, buyers can engage a technician to draft a conformity report. This report provides a guarantee and reassurance regarding the property purchase, further securing the deal.

Certificate of Legitimate Status: Verification by Qualified Technicians

The legitimate status of a property is determined by the enabling title that legitimised its construction and the last building intervention affecting the entire property. For older properties without a mandatory building permit, cadastral information or other probative documents determine legitimate status.

The affidavit, sworn by the appointed technician, serves as a legally certain basis for accessing tax deductions such as the 110% Superbonus or the Furniture Bonus. However, these deductions are not applicable to wholly or partially abusive properties.

Finally …

The Simplification Decree and the introduction of the Certificate of Legitimate Status have reshaped Italy’s property regulations. Buyers and sellers must navigate these changes with caution to ensure secure and transparent real estate transactions. For those seeking support in understanding and complying with these regulations, the team at De Tullio Law Firm, specialized in Italian property and inheritance matters, is happy to support you. Get in touch with us.

European Professional Card for Realtors

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The European Professional Card is a groundbreaking initiative aimed at simplifying and harmonising professional qualifications within the European Union (EU). Specifically tailored for regulated professions seeking recognition, the card offers a streamlined electronic process for individuals aiming to validate their credentials in another EU country.

While in some EU countries, the European Professional Card procedure caters to various professions like nursing, pharmacy, physiotherapy, mountain guiding, and real estate agencies, its current availability in Italy extends solely to real estate agents.

The European Professional Card for Real Estate Agents: A Game-Changer

Traditionally, conducting real estate transactions across EU borders necessitated grappling with convoluted recognition protocols. However, with the advent of the European Professional Card, real estate agents now wield a potent tool to navigate these challenges with unprecedented ease and efficiency.

How the European Professional Card Empowers Real Estate Agents

The card bestows multiple benefits upon real estate agents. Principally, it grants them the liberty to operate seamlessly in any EU member state, obviating the need for cumbersome recognition procedures. Whether pursuing short-term or long-term real estate ventures, the card paves the way for expanded market access and new prospects.

Operating on the tenet of mutual recognition, the European Professional Card ensures that qualifications endorsed in one EU nation receive automatic validation elsewhere.Consequently, this mechanism fosters mobility for real estate professionals. Additionally, it enables them to transcend national borders with ease.

Navigating the Application Odyssey

Securing a European Professional Card entails an application process. Firstly, create a European Professional Card profile with your personal details and contact details.

Next, submit an application for the card. You can read the User Guide where you will find a detailed step by step guide, as well as answers to any issues you may come across during the process.

Once your application is approved, you will be notified by email and you’ll be able to generate a card in PDF format. You can then submit your application for registration using the card as proof of qualification with the regulatory authority.

Additionally, adherence to stamp duty payment requisites, as specified by regulatory authority, is imperative.

In Italy, the stamp duty must be paid by bank transfer to:
“State Budget Head VIII, Chapter 1205, art. 1”
BIC: BITAITRRENT – IBAN: IT 07Y 01000 03245 348 008 1205 01
TAX: Stamp duty – REASON FOR PAYMENT: Name Surname. Stamp duty recognition request at MISE for professional qualification.

If they do not have one, non-residents in Italy must declare their personal details instead of their tax code (codice fiscale).

Finally …

If you are a real estate agent considering expanding your services into Italy, our team at De Tullio Law Firm is here to assist you in obtaining a European Professional Card. We specialize in Italian and cross-border property, inheritance, and tax matters. Whether you require assistance with applications, tax codes, or any other aspect of the process, we are right beside you. Contact us today for a free consultation and let us help you unlock new opportunities in cross-border real estate mobility.

G7 Summit: Puglia Gears Up

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In November 2023, Italian Premier Giorgia Meloni confirmed the G7 leader’s summit in the region of Puglia. The gathering will take place from June 13 to 15, 2024. This globally significant event will be a defining moment in global diplomacy. In this blogpost, we look into the multifaceted aspects of the G7 summit. Not only will we explore the strategic significance of Puglia as the chosen host but we will also look at the venue where world leaders will convene. Additionally, we will uncover the profound symbolic importance that the G7  leader’s summit holds against the backdrop of a fast-changing geopolitical landscape.

Puglia’s Prestigious Role in The G7 Summit

Puglia, celebrated for its breathtaking landscapes, rich historical allure, and delicious cuisine, has been chosen to host the G7 summit. This decision stands as a compelling testament to the region’s escalating prominence on the international stage. Moreover, it underscores the growing recognition of Puglia’s significance in global affairs.

Situated in the southeastern part of Italy, Puglia has served as a geographical crossroads for centuries, where Eastern and Western civilizations meet. The decision to host the G7 summit here underscores a commitment to bridging divides and fostering global cooperation.

Puglia’s Historical Roots

Nestled on the Adriatic coast of Puglia, the ancient city of Egnazia stands as a testament to the region’s historical significance. Once a thriving Messapian center on the borders with Peucezia, this ancient city played a crucial role in connecting civilizations. Its port, in ancient times, served as a pivotal point along the Via Egnatia, a vital Roman road linking the Via Appia to the Adriatic and the Aegean and the Black Sea. This historical backdrop adds a layer of depth to the choice of Puglia as the host for the G7 summit, underscoring its longstanding position as a bridge between Occidental and Oriental civilizations.

Italian Prime Minister Giorgia Meloni’s choice of Puglia therefore carries profound symbolic significance. In selecting a region with such a rich history of cultural exchange, she is actively challenging the conventional narrative of a divided world. In choosing Puglia, she is emphasizing collaboration and unity, fostering an environment that aligns with the summit’s overarching themes of global cooperation.

The Strategic Choice

Holding the G7 summit in Puglia is a strategic choice for various reasons, showcasing the region’s importance in international diplomacy and cooperation.

Puglia’s location makes it an ideal meeting point for leaders from North America, Europe, and Asia. Its accessibility by sea and air ensures smooth logistics for the attending delegations. In addition, the selection underscores the region’s potential as a pivotal hub for investment, trade, and meaningful cultural exchange.

Shaping the G7 Summit Agenda

As the G7 summit approaches, expectations are mounting regarding topics of discussion. Prime Minister Giorgia Meloni has already set the tone with a specific focus on lower-income countries, collectively recognized as the Global South. This approach aims to reshape the narrative that often polarizes nations into the West and “the rest.”

Global Challenges

The agenda for the G7 summit in Puglia is poised to encompass a spectrum of crucial global challenges. Leaders are not only set to address pressing issues concerning the situation in Ukraine and the Middle East but they will also engage in discussions revolving around the adherence to international rules. The overarching aim is to ensure economic and energy security while fostering a more equitable partnership with Africa.

China’s Belt and Road Initiative

Moreover, the summit will proactively engage in implementing the Partnership for Global Infrastructure and Investment. This is a strategic response by the G7 to counter China’s Belt and Road Initiative (BRI). In a significant alignment with G7 objectives, Italy formally communicated its decision to China in December 2023, not to renew its membership in the BRI. This decisive action effectively terminates Italy’s status as the sole G7 member associated with the initiative.

In addition, the G7 anticipates discussions to refine strategies for de-risking and diversifying approaches in economic relations with China. This proactive stance underscores the commitment of the G7 leaders to address the evolving dynamics of international economic cooperation.

The G7 Summit Countdown Begins

The luxurious Borgo Egnazia resort, midway between Bari and Brindisi, on the Adriatic coast, will play host to world leaders and delegations for this momentous occasion.

Borgo Egnazia is popular with celebrities like Madonna and the Beckhams. This, coupled with the area’s historical roots, brings both glamour and cultural richness to the summit. The chosen venue reflects the significance and prestige of the G7 gathering.

Furthermore, Premier Meloni’s personal connection to Puglia is evident. Last summer, her family holidayed at a farmhouse in Ceglie Messapica, adding a level of intimacy to the event. Georgia Meloni is commited to showcasing not only the region’s diplomatic importance but also its natural beauty and cultural richness.

Finally …

Puglia is poised to host an event that goes far beyond diplomatic discussions. The G7 leader’s summit also signifies a celebration of the region’s diverse cultural, economic, and touristic potential.

If you’re considering buying real estate in Puglia, the specialized team at De Tullio Law Firm is ready to assist. We are experts in Italian property, inheritance, residence, and tax matters. Get in touch with us.

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.

Italian Budget Law 2024: Property Matters

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Effective from January 1, the Italian Budget Law 2024 has ushered in a number of changes to Italian property-related matters. This blog post explores the key aspects of changes, shedding light on the implications for homeowners, landlords, and the real estate market. Read the full text of the law in the Italian Gazzetta Ufficiale.

Facilitating Homeownership: Mortgage Innovations under Italian Budget Law 2024

Taking a proactive stance to enhance homeownership accessibility in Italy, the Italian Budget Law 2024 allocates EUR 282 million to bolster the First Home Guarantee Fund. The primary objective is clear: to provide robust support to family units aspiring to step onto the property ladder. Families meeting distinct criteria, such as having three or more children under 21 and meeting specified ISEE (Equivalent Economic Situation Indicator) thresholds, now enjoy prioritized access to mortgages for their first home purchases.

However, this support comes with a critical condition. The continuity of the Fund’s guarantee is contingent on Italy maintaining economic equilibrium. This condition is designed to ensure the ongoing effectiveness of financial support while deterring potential negative impacts on the stability of the fund.

Tax Shifts in Short-Term Rentals

The Italian Budget Law 2024 triggers a recalibration in tax dynamics for short-term rentals (up to 30 days). Landlords who have opted for the flat-rate tax system over progressive income tax will witness a rise in the taxation rate for short or tourist rentals from 21% to 26%, if they allocate more than one unit to short-term rentals. Conversely, the rate decreases to 21% for incomes derived from short-term rental contracts linked to a single real estate unit identified by the taxpayer in their income tax return.

Rental management intermediaries are now mandated to play an expanded role, requiring them to withhold a 21% prepaid tax on the properties they manage. Taxation on rental income will occur during income tax return filing, inline with deadlines set by the Revenue Agency. This shift in taxation underscores the government’s concerted effort to balance revenue streams while acknowledging the pivotal role of the short-term rental market in Italy

Collaboration and Enforcement: A Unified Front Against Evasion in the Italian Budget Law 2024

Emphasizing collaboration between entities, the Italian Budget Law 2024 aims to combat contributory and tax evasion in the field of domestic work. For instance, those involved in cleaning short-term rental properties. To this end, the National Social Security Institute (INPS) and the Revenue Agency will work on achieving full interoperability, exchanging and analyzing information.

The Revenue Agency will make information they acquire available to taxpayers, using it to prepare pre-filled tax returns and notify taxpayers of any discrepancies.

Superbonus Updates: What to Expect from Italian Budget Law 2024

The Italian Budget Law 2024 introduces significant restrictions for the Superbonus, marking the culmination of extensive debate and controversy.

New provisions, effective from January 1, 2024, narrow down the scope and reduce available rates. This is primarily aimed at alleviating the state’s coffers from the excessive costs of the previous 110% Superbonus measure.

In summary, the Superbonus decreases to 70% in 2024. This will further decrease to 65% in 2025 and is now exclusively applicable to condominiums.

Main Superbonus changes for 2024

  • The 110% rate is only applicable to those who assigned their tax credit or the invoice discount for certified interventions by the end of December 2023.
  • Lower-income households, with an ISEE lower than EUR 15,000, qualify. They must have completed 60% of interventions by December 31, 2023. Compensation from the Poverty Fund aims to cover the difference between the 70% and the previous 110% incentive.
  • From January 1, 2024, the Superbonus for single-family homes no longer exists. The extension of the benefit for those who had completed at least 30% of the overall works by September 30, 2022, expired at the end of December 2023.
  • Starting January 1, 2024, the Superbonus switches to a tax credit system only, applicable to 70% of the costs incurred. In case of failing to achieve a double energy efficiency improvement (e.g., from energy efficiency class E to C), the ordinary tax regime applies at 50%.
  • Property owners who have availed of Superbonus 110% and subsequent associated incentives must file a cadastral declaration to rectify the property’s cadastral income. The budget law tasks the Revenue Agency with scrutinizing submissions to guarantee precise data adjustments in the land registry. Anticipate an increase in tax due to the augmented cadastral income for these properties.

Other related changes

  • For the Sismabonus, more stringent controls are anticipated. This aims to reserve the tax incentive exclusively for buildings genuinely damaged by seismic events.
  • The Architectural Barrier Bonus is a tax benefit related to enhancing accessibility for individuals with disabilities or the elderly. It is open to both private citizens and businesses. From January 1, tax credit transfers are available for common areas of residential condominiums. In addition, individuals with incomes below EUR 15,000 can apply for the scheme. This income limit does not apply to disabled individuals.

IMU Exemptions

Italian Budget Law 2024 introduces exemptions from the municipal property tax (IMU) for properties owned by certain categories of individuals. To qualify, you must be engaged in activities providing for the well-being, care, and support of individuals or communities. It encompasses various sectors such as health, welfare, accommodation, education, culture, sports, recreation, and scientific research. Essentially, it denotes activities that contribute to the overall betterment and support of individuals and society. To qualify for IMU exemptions, these activities cannot be of a commercial nature.

Withholding Tax on Property-related Bank Transfers and Real Estate Agency Commissions

Expect a rise from 8% to 11% in withholding tax. This is applicable to recipients of deductible charges – expenses subtracted from taxable income – and those eligible for tax deductions, such as individuals who can reduce their taxable income through specified deductions. Withholding tax extensions encompass various commission categories.

Ivie and Ivafe Increases

The 2024 Budget Law sees an increase in mini-wealth taxes on real estate and financial products held abroad by Italian residents.

It includes raising the IVIE (Imposta sul Valore degli Immobili all’Estero), tax on foreign real estate from 0.76% to 1.06%, impacting properties outside the EU or EEA.

IVAFE (Imposta sul Valore delle Attività Finanziarie detenute all’Estero), tax on financial products, bank accounts, and savings held abroad by Italian residents will double from 0.2% to 0.4%. The Budget Law only impacts assets in blacklisted countries. From January 1 2024, Switzerland is no longer on the blacklist. Consequently, the taxation of financial products held there will remain unchanged.

Notably, the increase won’t affect those under the ‘regime for new tax residents,’ exempt from monitoring and taxes on foreign assets and investments.

RAI Television Licence

The Italian Budget Law 2024 decreases the RAI television licence fee, from EUR 90.00 to EUR 70.00 per year.

Finally …

Understanding and adapting to the changes brought about by the Italian Budget Law 2024 may necessitate professional assistance. For those seeking support, the De Tullio Law Firm team, specialists in Italian and cross-border property, inheritance, and tax matters, is “right beside you”. For a free consultation on new regulations or compliance with Italian tax matters, contact us.

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.

Real Estate in Italy: 2023 Opportunities

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How much does it cost to buy real estate in Italy?

The average price of buying real estate in Italy ranges from EUR 1,929 to EUR 2,520 per square meter.

Italian real estate prices are higher in the larger cities, especially Milan and Rome. In Milan, the average price of residential property in October 2022 was EUR 3,994 per square meter.

Homes in southern Italian cities are much more affordable, with prices per square meter ranging from EUR 1,300 to EUR 1,700.

An overview of the development of the Italian real estate market

The ISTAT House Price Index (HPI) measures the evolution of market prices of all residential properties purchased by households (apartments, single-family houses, terraced houses, etc.), both new and existing properties, whether purchased for owner-occupation or as an investment.

According to ISTAT HPI data for 2022, Italian housing prices experienced a significant recovery in the first quarter of 2022. This recovery started before the COVID pandemic in 2020,but has stalled recently.

Although prices are still only at mid-2013 levels and far from the 2011 peak, homeowners are earning a good return on the price they paid.

ISTAT HOUSE PRICE INDEX (HPI) Q1 2010 – Q3 2022 (Index, 2010=100) (a)

(a) The choice of 2010 as the base year is entirely due to graphical reasons. The data for Q3 2022 are preliminary.

The increase was driven by new home prices, which rose 5%, albeit at a slightly slower pace than in the previous quarter (Q4 2021) (5.3%), while the recovery for existing homes was slightly slower.

The number of homes sold increased by 12% compared to 2021. Preliminary estimates indicate that HPI decreased 1.0% in Q3 2022 compared to Q2 2022 and increased 3.0% compared to the same quarter in 2021.

On average, home prices increased 4.2% in the first three quarters of 2022 compared to the same period in 2021, with new home prices increasing 6.6% and existing home prices increasing 3.7%.

Signs of weakness in 2023 create potential opportunities for investors in the real estate market in Italy.

Real estate prices in Italy still remain some of the lowest among European Union member states – despite the price recovery since the 2020 slump related to the COVID 19 crisis.

Uncertainty about inflation as a result of the war between Russia and Ukraine, the deterioration in household purchasing power, the steady rise in energy prices and construction materials and costs, and the ECB’s quite aggressive interest rate policy are just some of the challenges facing investors. Some analysts believe that Italy’s HPI could see a modest increase in 2023. Other analysts predict that house prices could fall. None expect a house price crash. Analysts’ predictions about the real estate market can be wrong. Before investing, you should always do your own research.

If you want to buy, build or renovate a property in Italy, there’s a great deal of paperwork involved. Many real estate buyers from abroad are not familiar with the technical and legal aspects of this process.

Investing in a property in any country is a major financial undertaking for most people, and it is crucial that your investment is secured. Just as you would seek professional help in your own country, it is also important to seek professional help in Italy. An experienced Italian real estate lawyer has contacts with trusted, independent experts such as surveyors, architects and contractors, and can advise and guide you through your real estate project.

Finally …

As a general rule, it is wise to familiarise yourself with the legal framework regulating international property sales.

For over 55 years, De Tullio Law Firm has been providing international clients with independent legal advice throughout Italy. We are specialists in cross border property, inheritance and family law.

If you would like further information about buying an Italian property, we are here to help. We can guide you through the whole process or even organise the whole process on your behalf. Get in touch with us for a Free preliminary consultation.

House in Italy: Online Registration of Preliminary Contracts

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Buying a house in Italy?

The preliminary contract is a crucial document when buying a house in Italy, as it outlines the specific terms and conditions of the transaction.

It is often necessary to carry over the terms and conditions from the reservation offer to the preliminary contract. Moreover, the notary public will use the preliminary contract, or “contratto preliminare di vendita” to prepare the deed of sale during the final stage of the purchase process.

Fortunately, buying a house in Italy has recently become easier. On March 7, 2023, the Italian Revenue Agency launched an online system that allows buyers to register their preliminary contract of sale. Prior to 7 March 2023, registering a preliminary contract entailed visiting a local tax office, within 30 days from the date of signing. The new online development removes the need to visit the tax office. In effect, it simplifies the registration process, saving buyers and sellers both time and effort.

Why register a preliminary contract when buying a house in Italy?

In Italy, it is not mandatory to register the preliminary contract with the Revenue Agency. However, it is recommended to do so. Registering the preliminary contract can be done either by the buyer or the seller. The registration of the preliminary contract can be helpful for several reasons:

Legal protection

Registering the preliminary contract provides legal protection to both the buyer and the seller. It establishes a written record of the agreement between the parties, which can help prevent disputes and misunderstandings later on.

Prevents double-selling

Registration of the preliminary contract can help prevent the seller from selling the property to another buyer. This is because the registration creates a public record that the property is under contract, which can be viewed by anyone.

Avoids disputes

Registering the preliminary contract can help avoid disputes between the parties, as it provides evidence of the terms and conditions agreed upon by both parties. If a dispute arises, either party can use the registered contract as evidence in court to support their position.

Protects the buyer’s rights

Registering the preliminary contract can protect the buyer’s rights in case of any issues that may arise during the sale process. For example, if the seller fails to transfer ownership of the property, the buyer can use the registered contract as evidence of their right to the property.

Clarifies the sales process

Registering the preliminary contract can help clarify the sales process for both parties. It sets out the terms and conditions of the sale, including the agreed purchase price, payment terms, and deadline for completion of the sale. This can help ensure a smooth and transparent transaction for both parties.

Buying a house in Italy: registering the Preliminary contract online

The new online service makes it possible to send the preliminary contract registration request for a house in Italy directly from your computer. It will also allow you to attach all the necessary documentation, including the preliminary contract and any plans relating to the property. Since there is no need to submit hard copies of the documents, the registration process will be faster and more efficient.

To register online, you will have to log in through the required procedure in the new RAP service. The new format facilitates the registration process and ensures that users submit all the necessary information correctly.

How to use the online service

The new form requires that the user indicate the necessary data and attach a signed copy of the contract along with any other relevant documents, including private deeds, inventories, maps, plans, and drawings.

Once the user enters the required information, the system will automatically calculate the stamp duty and registration fee, which the user can directly pay online.

Finally …

If you are thinking about buying an Italian property, why not talk to us? De Tullio Law Firm can advise and guide you throughout your Italian property purchasing journey. We have over 55 years of experience working with clients on their Italian and cross border property, family and inheritance matters. Get in touch.

 

You may also be interested in Buying property in Italy.

 

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.