Posts

English-Speaking Italian Property Lawyer

Reading Time: 5 minutes

How Can An English-Speaking Italian Property Lawyer Advise with The Purchase of A Property in Italy?

I am quite surprised when I hear people say that consulting an English-speaking Italian property lawyer when buying property in Italy is unnecessary, even a waste of money. English-Speaking Italian Property LawyerBuying a home anywhere, including Italy, is probably one of the largest and most significant purchases you will make in your life.

It involves the law of Italian real estate property, which is complex and raises special issues of practice, and problems not present in other transactions and or jurisdictions. An Italian real estate attorney is a trained legal specialist, experienced at dealing with these problems.

Briefly, in the typical Italian home purchase, the buyer enters into a brokerage contract with a real estate agent, usually in writing. Negotiations with the vendor are conducted through the broker, who most often acts as an intermediary. Once an informal agreement is reached, buyer and seller enter into a formal written contract for the sale, the purchase agreement. The buyer pays deposits. Ownership is ascertained, titles, deeds and other due diligence needs to be undertaken. Finally, the property is transferred from the seller to the buyer, and the seller receives the purchase price stipulated in the contract. Read more

Emphyteusis – What You Should Know

Reading Time: 3 minutes

EmphyteusisIntroduction

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 or canon in money and or in kind. Read more

Off-Plan Properties in Italy: Delivery Delays

Reading Time: 2 minutes

There are many legal aspects to consider when buying off-plan properties in Italy. We would always advise that you seek legal advice before investing. Developers and builders can be very persuasive, but whatever you do, don’t sign anything without taking independent professional advice.off-plan properties

Significant delays in delivery of off-plan properties  is one aspect that irritates investors about Italian off-plan property purchases.

Buyers often try to integrate a late delivery penalty clause in agreements. However, enforcing penalty clauses is not easy. Often the agreement will have been drafted by the developer or  builder. Where the developer or builder is a major company, penalty clauses are unlikely to have been mutually agreed between the company and the buyer. The agreement will therefore unilaterally favour the builder. Read more

Big cracks in the walls of my Italian property…

Reading Time: 4 minutes

I bought an Italian property and now there are big cracks in the walls. What can I do?

You moved in to your new Italian house three months ago and since then some serious cracks developed in a wall.

You called in a surveyor (geometra), who has informed you that there’s a serious structural problem. You expect to receive a full written report from the surveyor within the next few days. 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

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

Defects and non-compliances in Italian property purchases

Reading Time: 3 minutes

Defects and non-compliancesItalian property purchases – What’s the legal position when it comes to defects and non-compliances?

During our legal careers, my father and I have dealt with all sorts of seemingly improbable scenarios. The couple from Scotland who discovered they had bought a property that didn’t actually legally belong to the vendor. The German family, who arrived in Tuscany for their first holiday at their recently purchased dream property to find the previous owner’s brother and family in residence. It transpired that the brother was a co-owner of the property, who had no idea the property had been ‘sold’. Read more