Posts

Voices of Experience – Buying A Property in Italy

Reading Time: 5 minutes

Having a holiday home in Italy is a dream for many. However, there are many downsides to consider before taking the plunge. I was recently talking to a couple who told me that having a house in Italy means they feel obliged to holiday at the house each year, which over time has become a little boring. In hindsight, they wish they’d rented properties in different parts of the country rather than being tied to the same property in the same place year after year.

If you are considering buying a property in Italy, think long-term. Make sure it’s for the right reasons and that you have done your research absolutely thoroughly.
Read more

Advice for expats buying Italian property

Reading Time: 4 minutes

What should expats buying Italian property know?

The most important piece of advice for expats buying Italian property is that they should never sign any paperwork before getting it checked. Your signature could put you in a legally binding situation.

Advice for expats buying Italian propertyA surprising number of expats buying Italian property don’t use a lawyer. Instead they take a DIY approach, or use someone unqualified such as the vendor, which could be an expensive mistake to make. We would always recommend that you use an experienced, independent conveyancing lawyer to safeguard your Italian property purchase.

It’s important to engage a lawyer who speaks your language fluently so there are no misunderstandings and everything is translated accurately. It goes without saying that the lawyer should be independent of the estate agent and/ or the vendor and that the lawyer should be registered with the Italian Bar Association. The lawyer should also have public liability insurance and any advice provided should be made in writing. Read more

Farewell to The Certificate of Habitability?

Reading Time: 2 minutes

Certificate of HabitabilityIntroduction

Farewell to the Certificate of Habitability? This is what is set to happen in the future, through an amendment to the Italian Competitiveness Decree, which is soon to be approved by the Italian Council of Ministers.

Applicable to all properties, if approved, The Certificate of Habitability will be replaced by a, “Segnalazione Certificata di Agibilità” (Certified Notification of Habitability). This is not just a matter of a name change, the whole process for obtaining certification will be different. Read more

Usucapione – Safeguard Your Ownership Rights

Reading Time: 4 minutes

What is usucapione?usucapione

Usucapione dates back to Roman law. As long as it hadn’t been obtained through theft or force, usucapione allowed someone who was in possession of an asset, without the title to it, to become the lawful proprietor if the legal owner didn’t lay a claim to the asset after a certain period of time.

Usucapio laws were incorporated in to Napoleonic law and later, elements of the legislation were taken in to modern day Italian law. Read more

Italian Property Survey – Need One Or Not?

Reading Time: 2 minutes

Italian Property Surveysurvey

For most people buying a property in Italy is a major expense; in our view at De Tullio Law Firm, not commissioning a property survey is a false economy.

A surveyor, “geometra”, will provide you with invaluable information and support during the property purchasing process, which will help save you money both prior to and after completion. Read more

The Italian Rent to Buy scheme

Reading Time: 6 minutes

rent to buyIntroduction of the Italian Rent to Buy scheme

In September 2014, the Italian parliament introduced measures to revitalise the property real estate sector. These measures include a rent to buy scheme as part of the Sblocca Italia – Unlock Italy – decree (Article 23 of Legislative Decree 133/2014).

With access to credit in Italy continuing to be tight, the rent to buy scheme has two main aims:

  1. to help people purchase a property and
  2. to support builders and developers sell unsold stock of property.

Read more

Self-build projects in Italy. Living on-site. What’s the law?

Reading Time: 3 minutes

Self-build projectsIn pursuit of their Italian dream home, some people decide to build a house on land they have purchased. If you are thinking of self-build projects in Italy, we would always advise you to seek independent legal advice before signing any paperwork to do with land-purchase.

Even, if on paper, the land you are contemplating buying has outline planning permission, actually getting a building project off the ground in Italy can be extremely complex. You will need to navigate a maze of red tape; zoning and planning laws, environmental restrictions, building permits and regulations – to list but a few. Read more

Are you resident or domiciled in Italy?

Reading Time: 5 minutes

In today’s post, in response to a number of questions we have had at De Tullio Law Firm regarding this topic, I explore the legal and tax implications of Italian residency and domicile as they pertain to EU and non-EU nationals.

This is a very complex area and because every individual’s case is different. I would strongly recommend that you seek advice and guidance from your lawyer and accountant.resident or domiciled in Italy

For EU nationals, a visa is not required to enter or to work in Italy. A valid identity document issued by the relevant authorities in an individual’s country of citizenship is sufficient to allow entry to live and work in Italy. Read more

property auctions IN ITALY

Reading Time: 5 minutes

property auctions IN ITALYProperty Auctions in Italy…

… a few facts and tips.

An unfinished hotel and empty swimming pool sit sadly on the lush hillside of Pitigliano in Tuscany, where they should have welcomed the holidaymakers who flock to central Italy. The Tosteto spa was seized in 2010, according to a local court order. Since then, six auctions have failed to attract a buyer for the Tosteto spa, partly because the original developer still holds rights to the land.

For a seventh auction this month, the valuation for the Tosteto spa has been cut to 4.6 million euros from 8.9 million euros at its first auction. There is already an eighth auction scheduled for October, suggesting the sellers are not hopeful. Read more

What you absolutely must understand before you buy a property in Italy!

Reading Time: 4 minutes

What you absolutely must understand before you buy a property in Italy!

before you buy a property in Italy

When you visit a country for a holiday the cultural differences are charming and exciting and ultimately do not affect your life. This changes dramatically when you move to, or invest financially, in that country.

You may have already bought a property in your own country. Maybe you are English and the estate agent passed all relevant information to your lawyer to process the purchase, maybe you are American and your independent buying agent was fully qualified to deal with the process and very aware of the ease with which litigation takes place in the USA. In both cases, the most risk free and secure method for you, as a buyer has become the assumed and probably the only way in which you can purchase that property. We take for granted that our interests are so well protected that it is very difficult to unknowingly make a mistake. Read more