Cultural Heritage in Italy. Buying a historic property?

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Buying a historic property in Italy?

Italy is rich in artistic and cultural heritage. In fact, the UNESCO committee has declared Italy the country with the most world heritage sites.  These cultural heritage sites comprise cities, towns, and real estate. View the full list of world heritage sites in Italy at UNESCO.

If you are considering purchasing a historic property in Italy, you should conduct specific technical and legal due diligence. Your checks should include property titles, zoning restrictions, building and planning compliance.

To preserve cultural heritage sites and listed buildings, specific heritage conservation regulations are in place. Known as Vincolo Paesaggistico, the regulations apply to listed properties and zones of historical or environmental importance. Vincolo Paesaggistico aim to protect listed sites and properties from any work that could damage heritage and aesthetic value. Therefore, any work, construction or modernisation must adhere to the regulations.

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How do Vincolo Paesaggistico regulations work?

To build on land subject to Vincolo Paesaggistico restrictions you need detailed authorisation. Likewise if you want to make any changes to an existing listed property.

Vincolo Paesaggistico regulations are wide-ranging. They extend to building amnesties in the event of illegal work, including where work was carried out prior to the building becoming a listed property. They also include regulations regarding minimum distance from protected watercourses. Furthermore, restrictions exist pertaining to demolition and reconstruction.

The latter covers the exterior and interior of a listed property. It can therefore be a complex process to make even minor external and internal changes. This doesn’t mean renovations are impossible.

However, you will only be able to make changes once you have obtained detailed permission for the work. Authorisation will be granted by the Region, provided it does not affect the value or cultural importance of the property. The Region bases its decisions on a binding opinion from the Superintendency of Landscape and Environmental Heritage (Sovrintendenza ai Beni paesaggistici e ambientali).

How do I know if the property is on a cultural heritage list or in a cultural conservation area?

Before you proceed with your Italian property purchase, check whether the property or area is subject to any heritage conservation restrictions. To know exactly whether an area is subject to constraints, you can request a Certificato di sussistenza di Vincolo Paesaggistico (Certificate of the existence of conservation constraints). You can obtain this from the office for landscape protection in your respective Province or Region. A useful starting point is to look at the Regional Landscape Plan.

What should I do if my property is subject to cultural heritage constraints?

For any project on a listed building, you must submit detailed plans. If your plans are in accordance with regulations, Cultural Heritage Code (Legislative Decree 42/2004), you should be able to get permission. The provisions within the Code that regulate heritage conservation are Articles 136 and 142. These Articles specifically regulate the issue of authorisation by the competent body (Region). The Region verifies that planned work is compatible with the zoning status of the area/property and then issues the authorisation.

Finally …

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

Whether you are purchasing a property or planning a property project, we are right by your side. Get in touch with us: info@detulliolawfirm.com

You may also be interested in Buying property in Italy

Can I still buy property in Italy after Brexit?

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What is reciprocity?

Sovereign laws, set by individual countries, have always been applicable when it comes to property purchases – even prior to Brexit. For example, when you buy property in England, the applicable law is that of England and Wales. When you buy property in Italy, you purchase according to the laws of Italy.

As members of the World Trade Organisation, both the UK and Italy signed up to the General Agreement on Trade in Services (GATS) in 1995.

Commitments made by the UK and Italy therefore allow UK and Italian nationals to purchase properties in each others’ countries. This is known as reciprocity so there are no barriers regarding market access or treatment of foreign purchasers.

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Reciprocal commitments made within GATS, establish a quid pro quo principle when you buy property

Essentially, you can invest in Italy so long as your home country allows Italian nationals to invest there.

The Italian Consulate in London recently analysed relevant legislation and consulted with UK authorities on the subject of reciprocity.  They have confirmed that the status of reciprocity for foreigners in the UK is, in principle, maintained following Brexit.

Therefore, ownership of real estate,  establishment of companies, the acceptance of inheritance or gifts are not conditional on citizenship.

However, purchasing property or setting up a company in the UK does not automatically confer the right to reside or work in the UK. The same is valid for UK nationals in Italy. If you want to reside or work in Italy, you will need to obtain an Elective Residence Visa and permits.

Finally …

For over 55 years, De Tullio Law Firm has been providing international clients with independent legal advice. We offer services in all the major fields of Italian law with particular expertise in real estate, residency, family law and inheritance matters. If you would like to discuss your Italian residency situation, please get in touch with us.

You may also be interested in How to get a mortgage in Italy.

New Biometric Residency Card for UK Nationals Living in Italy

Tiny House in Italy. What Are The Rules?

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Living in a tiny house in Italy

Recently, tiny houses, also known as mini houses, have been appearing on the Italian property market. Purchasing or building a tiny house in Italy may represent an affordable, energy saving and eco-sustainable way of owning property. However, there are legal aspects to consider with the purchase or construction of a tiny house.

Tiny House: Italian norms, regulations and permits

Before purchasing or building a tiny house in Italy you have to consider Italian normative regulations. These regulations differ according to whether you intend to purchase, or build, a mobile or static tiny house.

Mobile Tiny House in Italy

A mobile tiny house is a construction on wheels. It must therefore respect the Italian Highway Code. It may not exceed a width of 2.55m, must have licence plates, insurance and pay road tax. Furthermore, a mobile tiny house will be subject to regular checks by the Italian Ministry of Transport (Motorizzazione Civile).

In effect, you must be able to move your mobile tiny house from one place to another. You must be able to tow it on a trailer by a suitable vehicle such as a pickup truck or a large off-road vehicle.

You can site your mobile tiny house on your own plot of private land. It should have its own photovoltaic panels, chemical toilet and water supply.

Static Tiny House in Italy

For legal purposes, a static tiny house does not have wheels. If you intend to site a static mini house on your own plot of land, you will need to tether it in some way. You will need to construct a platform on foundations that conform with building regulations. This will require obtaining building permission.

Building a static tiny house requires a Segnalazione Certificata di Inizio Attività (SCIA). A SCIA application must be sent to your local municipality whenever you intend to carry out construction work that involves demolition, erection, restoration or extension of a property.

Finally …

If you are considering buying or building a tiny house, or any type of property, in Italy and you are unsure about some aspects of your purchase or construction, do not hesitate to contact us. Get in touch: info@detulliolawfirm.com

You may also be interested in this article about purchasing land and self-build projects in Italy. We you also like to watch our useful info videos.

Renovating a property in Italy: Avoid common mistakes

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Avoid common mistakes when buying a property to renovate in Italy

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

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

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

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

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

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Make sure you know exactly what you are buying

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

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

Builders

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

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

Buying a renovation property in Italy: costs

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

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

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

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

Heed Italian rules and regulations when buying a property to renovate

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

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

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

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

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

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

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

Finally …

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

 

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

Off-Plan Insurance Policy in Italy

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Insurance policy for off-plan property

Buying off-plan means you purchase your home before the developer has finished building it. You may even buy it before construction has begun. This type of purchase in Italy is not without risks. Article 4 of Italian legislative decree 122/2005 states that a construction company must provide an off-plan insurance policy to property buyers.

Because this insurance policy acts as a guarantee, it is therefore an important element of your off-plan purchase.

The insurance policy provides 10 years of cover and acts as a guarantee for any “serious construction defects”.

As you should receive your insurance policy no later than the transfer of ownership, we recommend you request that the notary explicitly references this insurance in your deed of sale.

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What types of defects are covered under an off-plan guarantee?

Thanks, in large part, to jurisprudence, the notion of a serious construction defect has developed substantially in recent years.

Whereas a serious construction defect only previously included problems prejudicing safety and stability of a property, it now has a far broader meaning. In effect, nowadays, a defect might be anything that provokes a significant decrement to the normal use of the property. Consequently, the insurance policy should cover any damage that might impact regular use of the property.

In addition, serious construction defects extend to secondary elements of construction. This encompasses, for instance, use of poor or inadequate materials. It also includes construction that may jeopardise habitability of the property and problems that require maintenance work.

Examples demonstrating the breadth of serious construction defects could be the detachment of tiles in a kitchen or bathroom or a poorly sealed roof. Both of these issues may lead to water infiltration and would require repairs.

Buyers should also be familiar with the responsibility of the contractor concerning defects in construction work.

Who has the right to off-plan insurance?

The law limits the right to this insurance policy to private buyers.

In a more restrictive interpretation of the law, a buyer should be a “consumer”. This means that the insurance policy and guarantee is only available to buyers who purchase an off-plan property for personal use.

In other words, any commercial or professional use of the property would exclude the buyer from the right to this insurance policy.

Finally …

At De Tullio Law Firm, we specialise in Italian and cross border legal matters. If you are buying any type of property anywhere in Italy and you need advice or you would like to discuss your purchase, please get in touch with us. We are here to help.

You may want to read other articles about buying off-plan in Italy:

Advice for Buying Off-Plan in Italy

Investing in Italian Off-Plan Properties

Italian Law: Off-Plan Preliminary Contracts 

Preliminary Contracts Checklist for Italian Off-Plan Purchases

Off-Plan Italy. Where Do You Stand from A Legal Point of View?

Delivery Delays in Italian Off-Plan Properties

COVID-19: Effects on Italian property prices

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Three main impacts of COVID on the Italian property market but the outlook is optimistic

The Italian Property Market And COVID. What Is The Outlook?

The Italian property market has taken a hit from the COVID health and economic crisis.

Wide-ranging central bank and government policies and stimulus packages are supporting the economy. As emergency restrictions ease, the outlook is optimistic.

The impact of COVID-19 on the Italian residential property market is threefold. Firstly, it creates a natural tendency to worry, making all but the most committed buyers more cautious in the short term. Secondly, on a practical front, travel restrictions have impinged on buyers’ and sellers’ ability to transact, as restrictions limit people’s ability to go about business as usual. Thirdly, the situation generates economic effects which impact the traditional drivers of affordability.

Prior to the COVID pandemic, Italy was experiencing a healthy upturn in its economy

The residential real estate sector particularly in the north of the country was showing a rise in demand for properties and residential construction was increasing.

The uncertainty surrounding the health situation and its duration have seen many would-be investors put their plans on hold. Data for online property listings show a fall in the number of Italian properties on the market. In addition, searches by potential buyers has decreased sharply.

Essentially, the impact of the pandemic on the economy and on property markets extends worldwide. It is not restricted to Italy. Provided that the situation continues to improve, we will likely see a negative effect in the short and medium-term on the real estate market in Italy. However, we expect to see that bounce back as vaccination continues apace and economic recovery gathers momentum.

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The Italian luxury real estate sector reports decreased activity but it is far from paralysed

Initial information shows that luxury real estate is weathering the storm. Although they have slowed, transactions are continuing. It is too early to tell how the situation will evolve economically. However, it seems likely that investors will seek to protect their assets by focusing on safe securities such as luxury real estate. The perceived safe-haven of bricks-and-mortar investments in times of uncertainty helps to underpin values of high-end properties.

Experience from crises such as the recession in 2012, shows that once the most critical period passed, the Italian real estate sector gradually recovered.

Volatility in financial markets and low-interest rates continues. This means the real estate sector could again become a strong investment opportunity as we emerge from the COVID pandemic.

Italian property prices may fall before they rise

There is a general expectation that there will be a fall in property prices for a while. This would make Italy a buyers’ market. Thereafter, in the medium term, prices should increase to previous levels. This means sellers will need to be pragmatic on pricing in the short term, as demand becomes more dependent on needs-based and opportunistic buyers.

Having come through a global financial crisis in 2008, governments and central banks have a better understanding how to act in the face of uncertainty. Since then, they have moved quickly to implement measures to combat economic downturns. The approach of the European Central Bank’s (ECB) and the Bank of Italy’s monetary policy suggests that the low-interest-rate environment is likely to continue.

The Italian government has introduced stimulus packages to support property investments

During the pandemic, the Italian government quickly activated its wide-ranging fiscal easing measures in its, “Cura Italia” decree.

The government later announced a further stimulus package in its “Rilancia Italia” decree. Measures include property-related subsidies and tax benefits to support relaunch and investment in the Italian housing and construction sectors.

The combination of the central bank and government policies should support the economy through the current recession and what could otherwise have been a much stronger blow to economic growth. Furthermore, since the 2008 crisis, obtaining mortgage financing in Italy has become easier and this looks set to continue.

The pandemic has driven new ways of working

Many real estate agents and legal professionals took advantage of the pandemic lockdowns to plan how they will manage business in the future.

As restrictions lift, professionals have turned to technological innovation to serve clients. For example the use of using video calls. This could become the new normal.

At De Tullio Law Firm we have seen an increase in clients using our Power of Attorney services. This allows us to organise clients’ property sales and purchases remotely as well as manage many other property-related matters on our clients’ behalf.

Finally …

If you are thinking of investing in Italian property and would like to talk to us about any aspects mentioned in this article, please get in touch.

We are aware that the pandemic has left the signing of many Italian residential property transactions in the air. Many are worried that they may be in breach of contract. This is particularly relevant if there is no specific reference to a pandemic as a force majeure in their contracts. If you need a legal strategy session to discuss your situation, we are here for you.

You may like to watch our useful info videos about buying property in Italy.

What is an Attestato di Prestazione Energetica

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What is an Attestato di prestazione energetica (Italian Energy Performance Certificate)?

If you are purchasing a property in Italy, an Italian Energy Performance Certificate (EPC) –  Attestato di Prestazione Energetica (APE)  is an essential document.

In Italy, only an accredited engineer or surveyor can issue an EPC. As well as describing various aspects of the property such as its dimensions, condition and age, an EPC estimates energy costs for an average household. For instance, costs for lighting, heating and hot water.

An EPC provides an assessment of energy efficiency on a scale ranging from A to G. Category A is the most efficient and G is the least efficient.

Is an Italian Energy Performance Certificate mandatory?

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Italian law made EPCs mandatory in 2013.

An EPC helps inform the sale or purchase price of an Italian property.

When buying a property in Italy, we highly recommend that you ask to see its EPC as part of your due diligence. You should see the EPC before  you sign a deed of sale.

An EPC is valid for 10 years and the onus is on the seller or landlord to provide a potential tenant or buyer with an EPC.

How do you get an EPC in Italy?

In order to obtain an EPC, you need to engage a technician accredited by the relevant Italian Regional authorities. By law, only accredited technicians can issue an EPC certificate in Italy.

In order to issue an Italian EPC, the technician performs a site inspection of the property to assess it. The technician evaluates heat transfer and the health and safety of indoor environments.

Following a thorough analysis, the professional determines which category the property falls into and enters this on an EPC form. The EPC is then delivered to the new owner or tenant of the property.

Do I need an EPC to rent or buy an Italian property?

When buying or renting a property, it is important to view its EPC so that you can budget for heating and power. This way you can estimate future costs of your utility bills.

Finally …

If you would like more information about the Italian EPC, you can read more here or, get in touch with us at info@detulliolawfirm.com We are legal specialists for Italian property matters.

You may also be interested in Certificate of Habitability (certificato di abitabilità).

You may like to watch our useful info videos about buying a property in Italy.

Buying Italian Property: Personalise Your Preliminary Contract

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Should you use a one size fits all preliminary contract for your Italian property purchase?

Before you sign a preliminary contract when buying an Italian property, it is crucial to think about your personal situation. For example, is your purchase contingent on getting a mortgage or do you need to sell another property in order to complete this purchase? If your purchase is subject to certain circumstances, you should personalise your preliminary contract by adding conditions precedent.

Italian estate agents often use a standard preliminary contract template. This type of one size fits all preliminary contract may not be appropriate for your situation.

In fact, generally speaking, this type of standard preliminary contract may expose you to legal risks and financial penalties. In a worst-case scenario, you may end up in court.

Tailor the preliminary contract to fit your specific needs by adding conditions precedent

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Conditions precedent protect all parties when buying and selling property in Italy. However, to provide protection, conditional clauses must actually be written into the preliminary contract in order for them to be legally binding.

During the due diligence process, if you find you are unable to meet the conditions precedent in the preliminary contract, you may withdraw from the purchase process. Examples of conditions precedent include:

– a property purchase being contingent on the buyer obtaining approval for a mortgage

– a buyer needing to complete the sale of another property to free up funds for the deal to proceed

– a buyer agreeing to purchase a property if it passes a property inspection and/or survey

– an offer hinging on approval from the local authorities for zoning and building permits for improvements such as changing the internal layout, an extension or installing a swimming pool.

What sort of conditions are valid in an Italian preliminary contract ?

Any condition precedent must be objective and cannot depend exclusively on the will of one of the involved parties.

According to Italian law, a condition is null and void if it is considered as merely potestative, i.e. it is considered as being in the sole interests of only one of the parties to the contract.

The most frequent and important example of a condition precedent in Italian preliminary contracts relates to mortgage approval. It is clear that all parties to the transaction stand to lose out if the buyer cannot obtain a mortgage. Under Italian law, this condition precedent cannot be classified as a purely potestative condition.

If you are not fully certain of having the financial means necessary to complete your real estate investment and you are negotiating with a bank to obtain a mortgage or, if you need to sell another property to finance the purchase, we strongly advise that the preliminary contract should indicate this as a condition precedent.

We would recommend that you personalise your preliminary contract with conditions that fit your situation. You should always seek independent legal advice if you are buying property in Italy. Have your lawyer examine all paperwork before you sign anything.

Finally …

If you are thinking of 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.

Buying real estate in Italy: De Tullio Law Firm Advice

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Buying basics: the Italian conveyancing process

In a previous contribution in The New York Times, De Tullio Law Firm focussed on buying real estate in Italy with particular focus on Rome.

This time, The New York Times explores purchasing property on the Ligurian Riviera.

Information that De Tullio Law Firm provided is however also relevant for the whole of Italy.

The New York Times includes information about legal and notarial fees and Italian property tax costs.

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“There are no restrictions on most foreigners buying real estate in Italy”, said Giandomenico De Tullio, a managing partner at the De Tullio Law Firm, which has offices in Italy and Britain.

“For complicated transactions and sales involving foreigners, it is a good idea to hire a bilingual lawyer as well”, said Mr. De Tullio, who estimated that a lawyer’s fee would be about 1 percent of the sales price. “In addition, there is a 22 percent value-added tax on both services”.

“The stamp duty is the buyer’s biggest closing cost, at 2 or 9 percent of the property’s assessed value, depending on whether it will be a primary residence or a second home”, Mr. De Tullio said. (“To get the primary-residence tax break, buyers must typically establish legal residence in the municipality within 18 months of buying the property”, he said.)

“Other closing costs include a building registry tax of 50 euros (about $62) and several other taxes and fees that add up to a few hundred euros. A rough estimate of closing costs on a 1 million euro property is around 30,000 euros (about $37,000)”, Mr. De Tullio said, but he added “that it can vary greatly.” Read the full article here.

Finally …

De Tullio Law Firm is an Italian property, inheritance and family law specialist. We have been assisting and guiding our clients with Italian investments for over 55 years. If you would like to discuss your investments in Italy, we are here to help. Please get in touch.

 

you may also be interested in Celebrating 55 years of De Tullio Law Firm

Resident in Italy for tax purposes?

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One or more of the following conditions makes you resident in Italy for tax purposes

According to the provisions of Article 2 (2) of the Italian tax code, Testo Unico delle Imposte sui Redditi (TUIR), if you spend more than 183 days per fiscal year in Italy, the Italian tax authorities will consider you resident in Italy for tax purposes.

If you meet one of the following conditions, you qualify as a resident for Italian tax purposes:

– you have registered at your local town hall’s (comune) registry office;

– you have your domicile in Italy, i.e. your principal centre of business, economic and social interests, e.g. your family, as defined by paragraph 1 of Art. 43 of the Civil Code;

– you have your residence in Italy, i.e. your habitual abode, as defined by the paragraph 2 of Art. 43 of the Civil Code.

The requirements indicated by TUIR are stand-alone: the occurrence of one of the above conditions is sufficient for the Italian tax authorities to consider you resident in Italy for tax purposes.

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Registration at your local comune confirms your residence for tax purposes in Italy

If you spend more than 3 months in Italy you must register at your local comune.

Your registration with a comune presumes your residence in Italy for tax purposes.

At the end of your stay in Italy, you should de-register from your comune.

Double Taxation Agreements for residents of two countries

Double taxation agreements (DTA) protect a government’s rights to collect tax and protect against attempts to avoid or evade tax. DTA contain provisions for the exchange of information between national taxation authorities. There are more than 3,000 DTA world-wide.

If you can prove you are resident in two countries, you may have recourse to the application of Article 4 of the relevant DTA in order to resolve any conflict of dual residence for tax purposes. You can find more information about DTA here.

The onus is on the taxpayer to provide documented evidence of tax residence outside Italy

You will need to request a certificate of tax residence under the relevant DTA. It is also important to keep records such as travel documents and receipts. These help evidence how long you were physically present in Italy in any given fiscal year.

Finally …

For over 55 years, De Tullio Law Firm has been providing international clients with independent legal advice. If you need support with your Italian and cross border tax matters, we are here to help.

You may also be interested in Elective residence Visa Italy: general information