Italian Lawyer: Essential for Buying or Selling Property in Italy

/in

Buying or selling property in Italy can be an exhilarating yet challenging experience. However, navigating the complex legal and bureaucratic landscape on your own can be risky. From intricate regulations to specific tax requirements, the assistance of an experienced Italian lawyer is essential in protecting your investment and ensuring a smooth transaction. Here’s how an Italian lawyer can play a crucial role in property purchases or sales in Italy.

The Vital Role of an Italian Lawyer in Property Transactions

Italian property law is complex, and even the smallest missteps can lead to costly complications. A qualified Italian lawyer provides essential expertise, safeguarding you from potential legal pitfalls and ensuring a legally sound transaction.

Conducting Thorough Due Diligence

One of the most critical steps in purchasing property in Italy is conducting due diligence. Italian lawyers are skilled in scrutinizing properties to confirm they’re free from legal issues, such as unresolved debts or ownership disputes. This in-depth investigation protects buyers from inheriting problems that may later jeopardize their investment.

Without the expertise of an Italian lawyer, buyers may overlook crucial legalities, putting themselves at risk. A lawyer ensures that you’re not purchasing a property with hidden liabilities, providing you with the confidence that your investment is secure.

Ensuring Compliance with Italian Laws and Regulations

Italian property transactions are subject to strict building codes, zoning laws, and permit requirements. An Italian lawyer will ensure that the property adheres to all relevant regulations and that necessary permits are in place. This step is vital for both residential and commercial properties, as compliance issues could otherwise lead to fines or future legal challenges.

Expert Negotiation and Contract Drafting

Negotiating and drafting a purchase contract in Italy demands specialized knowledge. Italian lawyers can facilitate smooth negotiations and help draft contracts that clearly define all terms and conditions, reducing the likelihood of misunderstandings or disputes. By having an experienced lawyer on your side, you can rest assured that every clause protects your interests.

Facilitating the Title Transfer Process

The transfer of property title in Italy is an intricate process that must adhere strictly to Italian law. Your Italian lawyer will oversee this step, managing all required documentation and ensuring a legally binding transfer from the seller to the buyer. They’ll also handle any potential complications that may arise, ensuring the process is seamless and legally compliant.

Navigating the Italian Tax System

Purchasing property in Italy involves understanding complex tax implications, which vary based on residency status and the property type. Italian lawyers offer valuable tax guidance, helping you make informed decisions and navigate Italy’s tax system with ease. This support can save you money and prevent unexpected tax liabilities.

Why a Bilingual Italian Lawyer Matters

A bilingual Italian lawyer can bridge both language and cultural barriers, ensuring that foreign clients fully understand each step of the process. From translating documents to interpreting local legal terms, having a bilingual lawyer adds an extra layer of protection, giving you clarity and peace of mind throughout the transaction.

Final Thoughts: Invest in the Security of an Italian Lawyer

In the end, hiring an Italian lawyer isn’t just advisable; it’s a smart investment in the security of your transaction. Whether buying or selling property in Italy, the guidance of a qualified lawyer will protect you from potential pitfalls and streamline the entire process.

At De Tullio Law Firm, we specialize in Italian property, family, and inheritance law, with over 55 years of experience assisting clients with Italian and cross-border matters. If you’re considering a property purchase in Italy, contact us today for a free preliminary consultation. Let us help you make your Italian property dreams a reality, safely and legally. Click here to claim a free preliminary consultation. 

Construction Industry Safety Licence

/in

The construction industry in Italy is about to undergo a significant change in how businesses and self-employed workers manage safety on job sites. With the introduction of the construction industry safety licence, safety standards are set to rise. This new tool, brought in under Italian Decree-Law No. 19/2024, aims to enhance workplace safety, tackle the issue of undeclared work, and monitor accidents in the construction sector more closely. As of 1st October 2024, over 830,000 businesses and workers must take action to comply with the new rules.

Let’s explore what this new regulation means, who is affected, and the steps needed to ensure compliance.

Why the Construction Industry Safety Licence Matters

Workplace safety has long been a priority, especially in high-risk industries like construction. Accidents on building sites not only endanger lives but also bring financial consequences for businesses. The construction industry safety licence represents a proactive approach to managing safety risks. By introducing a points-based system for companies and self-employed workers, this new measure ensures that businesses maintain consistent safety standards across all operations. The ultimate goal is to reduce the number and severity of workplace accidents, creating a safer environment for everyone involved.

Furthermore, this system is designed to crack down on undeclared work – a persistent issue in the construction sector. Unregistered labour not only avoids tax and social security contributions but also bypasses safety regulations, putting both workers and businesses at risk. By introducing this licence, the government aims to create more transparency and accountability in the sector.

How the Licence System Works

The construction industry safety licence will operate as a credit-based system. All companies and self-employed workers in the construction sector must acquire this licence to continue operating on job sites. Businesses must apply for the licence from the Labour InspectorateBusinesses must apply for the licence from the Italian Labour Inspectorate. In the meantime, they can submit a self-certification stating that they meet the necessary requirements to obtain it.

While businesses have until 31st October 2024 to submit their applications, they should not delay. From 1st November, any company that has not applied for the licence will have to halt its operations on construction sites, which could lead to significant financial losses. In other words, applying for the licence is not just recommended – it is essential for continued business activity.

The government has introduced the self-certification option to avoid overloading the platform where they process applications. By staggering submissions, the government hopes to streamline the process and prevent delays. However, businesses should not rely solely on this temporary mechanism. They must submit their full licence application as soon as possible to ensure they comply with the new rules.

Construction Industry Safety Licence
Who Must Apply for the Construction Industry Safety Licence?

The construction industry safety licence applies to a broad range of businesses and individuals in the sector. All companies, including sole traders, who operate in construction must obtain the licence. This includes both domestic businesses and those established in other EU member states, as well as non-EU countries, if they operate within Italy.

Self-employed workers, such as individual contractors, also fall under this requirement. Either the legal representative of a company or the self-employed worker must apply for the licence. If necessary, they can delegate this task to someone else, but they must provide the delegation in writing.

However, not all workers in the construction sector need to obtain the licence. For example, professionals who provide intellectual services, such as engineers, architects, and surveyors, are exempt from this requirement. These individuals typically do not manage construction sites day-to-day. The licence therefore targets those directly responsible for site safety and compliance.

Foreign Businesses and Workers

Even businesses established outside of Italy are not exempt from the construction industry safety licence. If a company or self-employed worker is based in another EU member state, they must either apply for the licence or provide proof of an equivalent document issued by the relevant authority in their home country. Businesses in non-EU countries must have the equivalent document recognised under Italian law. If no such document exists, foreign businesses must apply for the licence under the same rules as Italian companies.

This ensures a level playing field for all construction businesses operating in Italy, regardless of their country of origin. Safety standards must be upheld consistently, and this new licence system helps achieve that goal.

What Are the Requirements for the Construction Industry Safety Licence?

To qualify for the construction industry safety licence, businesses and workers must meet several specific requirements. These include:

1. Registration with the Chamber of Commerce, Industry, Crafts, and Agriculture:

All applicants must prove they have registered and are operating legally within the construction sector.

2. Compliance with training obligations:

Employers, managers, supervisors, and workers must have completed the necessary safety training required by law. This ensures that everyone on site knows their role in maintaining a safe working environment.

3. Valid insurance compliance certificate (Durc):

Businesses must hold a valid single insurance compliance certificate, demonstrating that they are up to date with social security contributions.

4. Risk assessment document:

Companies must have a current risk assessment document in place, as required by law. This ensures they have identified potential hazards and implemented measures to mitigate them.

5. Tax compliance:

A tax compliance certificate is also required, proving that the business is up to date with its tax obligations.

6. Appointment of a safety manager:

If applicable, businesses must have appointed a safety and prevention service manager, ensuring that someone is responsible for overseeing workplace safety on the job site.

What Happens If You Don’t Meet the Requirements for the Construction Industry Safety Licence?

If businesses or self-employed workers fail to meet these requirements, the Labour Inspectorate has the authority to revoke the construction industry safety licence. This can happen at any time if an inspection reveals that a company no longer meets the necessary conditions, such as the loss of insurance compliance or failure to maintain proper risk assessments.

However, the loss of one requirement doesn’t automatically invalidate the licence. It will remain in place, but businesses may face sanctions or other penalties under Italian law. The Labour Inspectorate will carry out random inspections to ensure compliance, so businesses must remain vigilant in maintaining their qualifications for the licence.

Finally …

The introduction of the construction industry safety licence marks a significant step forward in improving safety and transparency in the construction sector. By implementing this system, the government aims to protect workers, reduce the risk of accidents, and crack down on undeclared work. With the deadline fast approaching, businesses and self-employed workers should act now to ensure they meet the requirements and can continue operating without disruption.

If you need assistance with this matter or anything related to construction or renovation in Italy, please get in touch with us.

Squatters In Italy: The Legal Framework

/in , , ,

The Issue of Squatters in Italy

In Italy, the phenomenon of squatters is a complex and controversial issue. It intertwines themes of law, social policy, and public order.

Squatters are individuals who take possession of properties without the legal consent of the owner.

Obviously, this phenomenon raises significant questions about balancing the protection of private property and the right to housing. These are two fundamental principles enshrined in the Italian Constitution.

squatters right

Italian Legislation and Relevant Articles

Italian legislation addresses the issue of squatters primarily through the Criminal Code and specific laws regarding leases and illegal occupation.

  1. Criminal Code, Article 633: This article punishes anyone  who arbitrarily invades another person’s land or buildings, whether public or private, with a view to occupying them or deriving any other benefit from them, shall be punished, on complaint by the offender, by imprisonment for between one and three years and a fine of between EUR 103 and EUR 1,032.
  2. Law 27 July 1978, No. 392 (Fair Rent Act): Although not directly addressing illegal occupation, this law regulates the relationship between landlord and tenant, providing the legal framework within which property rentals must occur.

eviction of squatters

Eviction Procedures for Squatters in Italy

When someone illegally occupies an Italian property, the owner can request the authorities’ intervention to reclaim possession, although the process is not as simple as it might seem.

The standard procedure includes filing a police report, where the owner must report the illegal occupation to the competent authorities.

This report initiates criminal proceedings against the squatters and is followed by an eviction request filed by the owner with the court.

The judge, upon evaluating the situation, may issue an eviction order.

However, if minors or vulnerable individuals are involved, the situation becomes more complicated.

Dealing with Squatters in Italy: Legal Assistance

As previously mentioned, handling an illegal occupation can pose complexity and stress for both the property owner and the involved parties.

Therefore, we highly recommend property owners to seek legal assistance from a lawyer specializing in real estate.

Because of the complexity and the lengthy nature of the procedure, only a lawyer specialized in this field can provide support at various stages of the process and give their clients peace of mind.

  1. Legal Advice: Assessment of the situation and suggestions on legal actions to protect property owner rights.
  2. Drafting the Report: Assistance in drafting the report for the competent authorities, ensuring inclusion of all necessary elements.
  3. Filing the Eviction Request: Preparation and filing of the eviction request with the court, gathering the necessary evidence to support the case.
  4. Court Representation: Legal representation during hearings to ensure the process follows procedures and respect of the property owner’s rights.
  5. Execution of the Eviction Order: Coordination with the bailiff and, if necessary, with law enforcement to ensure effective execution of the eviction order.

housing right

The Right to Housing

Balancing the protection of private property and the right to housing stands as one of the most controversial aspects.

The Italian Constitution, in Article 47, enshrines the right to housing and advocates for policies facilitating access to housing.

However, finding this balance requires respecting private property.

Therefore, legislators and policymakers must address the root causes of the issue, rather than just mitigating its effects. This ensures a fairer and more inclusive society where everyone respects and protects each other’s rights.

Safeguarding Your Italian Property: Tips for Foreign Buyers Against Illegal Occupation

Foreign buyers can adopt various practical measures to prevent the illegal occupation of their properties:

Installation of Security Systems: Installing alarm systems, surveillance cameras, and reinforced doors can deter attempts at occupation. These systems can also provide evidence in case of invasion.

Professional Property Management: Entrusting property management to a local real estate agency or a reliable caretaker can ensure that the house is regularly checked and any occupation attempts are immediately reported to the competent authorities.

Neighbours and Local Community: Establishing good relationships with neighbours and engaging with the local community can enhance vigilance over the property. Neighbours can promptly alert the owner or authorities in case of suspicious movements.

Finally …

At De Tullio Law Firm, we specialize in property, inheritance, residence, and family law matters in Italy. Whether you’re considering purchasing a property anywhere in Italy or have inquiries about these legal areas, don’t hesitate to contact us. We offer a complimentary preliminary consultation to address your concerns and provide expert guidance.

Schedule your consultation. 

 info@detulliolawfirm.com

Tel +39 080 483 1785

from the UK: 0800 012 6545

from the USA and Canada: 1-855-688-5546

for more information, please visit https://detulliolawfirm.com/ 

European Professional Card for Realtors

/in , ,

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.