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

Emphyteusis – What You Should Know

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. (more…)

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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

Certificate of Habitability (certificato di abitabilità)

habitabilityWhat is it for?

The Certificate of Habitability certifies the suitability of a residential property 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 this certificate, the competent authorities should also verify that the building complies with planning permission.

The case law of the Italian Supreme Court is unanimous in stating that in real estate transactions the certificate of habitability is one of the documents that the vendor must deliver to the buyer before completion.  “The vendor of a property intended for residential use has a duty to deliver to the buyer the Certificate of Habitability without which the property is unmarketable”. (Cass. 23 of January 2009, n. 1701). (more…)

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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

Off-Plan Properties in Italy: Delivery Delays

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. (more…)

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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

Big cracks in the walls of my Italian property…

cracksI 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. (more…)

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

Voices of Experience – Buying A Property in Italy

Having a holiday home in Italy is a dream for many. However, there are many downsides to consider before taking the plunge. I Propertywas 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.
(more…)

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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

Advice for expats buying Italian property

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.expats buying Italian property

A 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. (more…)

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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

Farewell to The Certificate of Habitability?

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. (more…)

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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

Usucapione – Safeguard Your Ownership Rights

What is usucapione?

Usucapione dates back to Roman law. As long as it hadn’t been obtained through theft or force, usucapione allowed someone usucapionewho 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. (more…)

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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

Italian Property Survey – Need One Or Not?

surveyItalian Property Survey

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. (more…)

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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

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

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. (more…)

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