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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Buying a property in Italy: real estate commission rates (fees)

Real estate commission rates (fees) and payment schedules

When planning to purchase a property in Italy, you would usually seek the assistance of a licensed real estate broker for the initial property search.  The real estate broker has the duty to facilitate the transaction and to inform both the seller and the buyer of all details and aspects which may be relevant.

Buying a property in Italy: real estate commission rates (fees)

Real Estate Agent’s Commission

As in most countries, Italian real estate agents’ commission (provvigione) varies. In Italy, commission payment to a realtor is usually shared between the vendor and buyer. According to art. 1755, paragraph 1 of the Italian Civil Code, commission is paid once, due to the assistance of the estate agent, the sale has been complete. Legally, an estate agent must be the effective cause of the sale. This means that the agent must be able to show that their ‘introduction’ of the buyer led to the formation of a deed of sale between the vendor and buyer.

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Off-Plan Property, Property law, Real Estate Law

Building contracts in Italy: all liabilities and duties you should consider

Building contracts in Italy: liabilities of the contractor for building works

Whether you are building a new property in Italy, or renovating an existing Italian property, having the right building contract is vital to ensure that everyone involved knows their rights and responsibilities. A building contract constitutes a legally binding agreement, recorded in written form between two parties; one or more property owners and one or more contractors.

building contracts in Italy

A building contract sets forth all the terms and conditions under which construction or renovation work is to be carried out. This includes, but is not limited to, the basis of remuneration, time scale, and penalties, if any, for failure to comply with the terms of the contract.

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Married couple buying a house under one name in Italy: applicable financial regime.

In Italy spouses can chose between two default[1] matrimonial financial regimes: community of properties/assets (comunione dei beni) and separation of property regime (separazione dei beni).

Married couple buying a house under one name
Married couple buying a house

If no matrimonial regime option is expressly made by both spouses through a notarial deed or upon marriage celebration, Italian married couples’ finances and assets are regulated under the community of property regime.

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By In Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Certificate of habitability (certificato di abitabilità)

A certificate of habitability (certificato di abitabilità) confirms a property’s compliance with safety and sanitation rules, the efficiency of the property’s systems and that the property complies with building regulations and planning permission.

Certificate of Habitability (certificato di abitabilità)

Recently the certificate of habitability has been replaced by what could be as certificate of habitability report, which should include the following documents:

  1. Report from building works manager;
  2. Certification of structural soundness;
  3. Cadastral update;
  4. Systems compliance;
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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Property law, Real Estate Law

Italian flat tax (cedolare secca) on rental incomes from Italian properties

In Italy, homeowners are expected to pay tax on any payment they receive from long or short term rental of their Italian properties.

Generally speaking, the Italian law requires that tax from rental income is paid by all the co-owners of the property on a pro quota basis, no matter who actually signed the rental contract or if the rent is paid in favour of only one of the co-owners.

Italian flat tax (cedolare secca)

However, as per recent case law, depending on the specific case scenario, different regulations might apply. Please get in touch for a preliminary consultation on rental income tax issues.

With respect to rental income tax in Italy, homeowners who act as individuals and are not professional landlords, have two options:

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By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Property law, Real Estate Law

What is the holding account (deposito prezzo)?

Deposito prezzo is the term used for a specific bonded holding account for the balance of payment related to the purchase of an Italian property.

Deposito prezzo protects against the risk of legal claims or encumbrances that may arise between the signing and registration of the deed of sale at the land registry (catasto).

deposito prezzo

Once you have signed a deed of sale, it is sent to the land registry, where an official stamp is placed on the deed of sale. The registered deed of sale is returned to the notary you used to authenticate the transaction.

It generally takes two to three weeks to obtain the registered deed of sale and thereafter, you can obtain a copy from your notary.

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By In Inheritance, Inheritance Law, Italian law, Law, Law Firms in Italy, Notaio, Notary

What is a Will for?

A Last Will and testament is absolutely necessary to avoid causing conflicts among your heirs, especially if you are a foreign citizen who owns goods and property in Italy. Not only can a Will allow you to assign your inheritance to the appropriate beneficiary, but it could also be useful to prevent problems for your heirs, and it could even enable you a tax saving. Let’s see more specifically each case.

Those who are married or in a registered partnership and without children

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By In Italian law, Italian tax code (codice fiscale), Law, Law Firms in Italy

How to obtain an Italian tax code (codice fiscale)

Applying for Italian tax code (in Italian: codice fiscale) seems a simple task, but there are some hidden pitfalls to be aware of. Check them out in the article below.

Table of Content

What is and When an Italian tax code (codice fiscale) is needed:

What do the tax code figures mean.

Where and how to apply for the tax code in Italy.

What document/information is required to apply for the Italian tax code:

Common mistakes when applying for the Italian tax code.

  • a.      Wrong date of birth format:
  • b.      Wrong name.
  • c.      Maiden names: 2
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By In Italian law, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Italian real estate agents lack legal skills

Make sure to read this, prior to signing any property purchase offer in Italy

You’ve seen it: the Italian property you’ve always dreamt about.

Now you have a pen in your hand and the property purchase proposal in front of you, ready to be signed.

Take your time before putting pen to paper, no matter who drafted that proposal for you.

Italian real estate agents lack legal skills

You deserve a little hesitation, especially if you are going to sign a boilerplate template provided by a Real Estate Agent and not by your own legal advisor, or if there is anything whatsoever that you feel is unclear to you.

If the proposal has been provided by Real Estate Agents, I am sure they told you that it’s a standard proposal, drafted as per common general terms and in compliance with the Italian civil code; and that the standard template itself has been approved by the Chamber of Commerce.

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By In Inheritance Law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property

Differences between Italian Notaries’ legal advice and independent lawyer’s legal advice when buying a property in Italy

Property transactions where one of the parties is not an Italian individual, cannot be considered as a normal scenario. The involved professionals are not always experienced to deal with these cases.

Fact: In Italy you cannot buy a property without the assistance of an Italian Notary Public.

Italian Notaries

By law, a Notary Public must remain impartial during the property transaction. A Notary can also provide legal advice if requested but must maintain impartiality when providing parties with legal advice . Read this article for further information about Italian Notary Public role.

There is no legal obligation to engage the services of an independent lawyer for property purchases in Italy. And, normally Italian individuals do not hire an independent lawyer for property transactions between themselves.

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