Italian Property law

01Mar 2016

This article and tips were provided, by De Tullio Law Firm, to the British Consulate in 2011. Although the article pertains to a Calabrian case, information is relevant to all off-plan property purchases in Italy. Buying homes in Calabria The British Consulate in Naples has been contacted recently by a large number of British citizens […]

01Mar 2016

Introduction A recent topic of discussion is that of Emphyteusis, a regime which has its roots in Roman Law. It formed part of the feudal system and is connected with the agricultural economy. Farmers were offered the possibility to cultivate land thereby sustaining themselves. In return, farmers paid an annual ground rent either in money […]

12Jan 2016

ITALIAN STABILITY LAW 2016  – PROPERTY MATTERS The Italian Government has approved The 2016 Law of Stability. This article aims to provide an overview of rules pertaining to Italian property in 2016. We outline aspects of the new legislation introduced and certain taxes which have been reduced or eliminated. These new measures relating to property […]

09Jun 2015

Where exactly do you stand if you discover major defects with your Italian property following completion? You move into your dream Italian home only to find that the condition of the property is significantly worse than anticipated due to hidden defects not visible at a first glance. This is exactly the nightmare scenario the Wright family in […]

23Apr 2015

Starting from year 2014, the new Municipal tax is called IUC (Single Municipal tax). It consists of three separate taxes, more specifically: IMU: tax on possession of real estate assets. This does not apply anymore to properties where the owner sets his main residence. TASI: is the tax financing the services provided by local administrations […]

25Mar 2015

You may have often heard of “power of attorney,” yet you may still not know exactly what its purpose is or when its use is considered proper. In order to shed some more light on the subject, some basic facts on Power of Attorney are explained as follows together with the legal ramifications to purchasing […]

16Mar 2014

Italian probate solicitors assist with the execution of a Will and the legal procedures of Italian inheritance issues. Engaging the services of a competent and knowledgable lawyer simplifies the administration of an estate. Having an independent lawyer will assist with collecting all the documentation relating to property, assets and or land. It speeds up the […]

24Jul 2013

Usucapione is a legal procedure which can give you ownership of a property in Italy without need of any specific title such as a deed of purchase or a Will and without any agreement with the owner of the property. Usucapione pictures one legal situation which is connected with possession of a property which must […]

15Jan 2012

Investing off-plan is where a purchaser makes a commitment to buy from a property from developer that has not yet been built or is in the process of being built. This type of investment hides a number of risks, the major one being that the builder goes bankrupt and the buyer loses his money. Italian […]

15Dec 2011

All binding legal documents relating to an Italian real estate transaction must be written in Italian, independent of the nationality of the parties. Italian legal writing is highly technical, ritualistic and often archaic due to close links with Roman Law. Ultimately it can appear to be obscure for people lacking a solid legal background in […]

15Dec 2011

According to article 4 of the legislative decree 122/2005 the construction company is obliged to deliver to the buyer, at the moment of the transfer of ownership, an insurance policy as guarantee for eventual serious construction defects affecting the property. Such insurance has a cover of 10 years. A good piece of advice is requesting the Notary […]

15Dec 2011

The legislative decree 122/2005 introduced very strict requirements for preliminary contracts concerning investments in off-plan properties in Italy. Following art.6 of the above mentioned legislative decree the preliminary contract should also contain: A full description of the parties. Identification details of the property, including the cadastral reference of the plot – A description of the property […]

15Dec 2011

The first essential advice I can give you before entering into a contract with a Construction or Renovation Company is: call your legal advisor requesting him to draft a contract between you and the Company you have chosen to carry out the work. A professionally drafted contract is your best protection if any problems connected […]

15Dec 2011

The Certificate of Habitability certifies the suitability of a residential property as being fit for human habitation. It is issued by the competent municipal offices following verification that the building and its systems comply with health, safety and structural stability regulations. According to law, prior to issuing the certificate of habitability, the competent authorities should […]

11Dec 2011

The legal framework regulating international property sales The legal framework regulating international property sales is set by the Italian Law together with international treaties. When there is a conflict between Italian and International laws, the latter will prevail. Art.51 of the Italian law n. 218 (31st of may 1995) states that a real estate conveyance […]

11Oct 2010

According to the Law 39/1989 real estate agents must be registered with their local Chamber of Commerce. If the agent is not registered, he will then be liable to fines and other penalties and he will not be entitled to the agreed commission. This legislation also provides an important guarantee for the consumer, in that […]

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