Off-Plan Property
Category

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

De Tullio Law Firm at the YourOverseasHome event

Read more

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

Partition of The Estate: how does it work?

Partition of The EstatePartition of the estate

Should there be more than one heir nominated in a Will or in accordance with Italian law, a condition of joint-ownership of rights and duties concerning the inheritance is established among the co-heirs.

A testator’s estate is composed of assets and real rights: the co-heirs receive the estate in proportion to their inheritance quota, either as apportioned in the testator’s Will or in accordance with the law –  and, in the same proportion, they acquire any credits due and take on all the debts of the testator. (more…)

Read more

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

Legal action against real estate agents in Italy

Legal action against real estate agents in ItalyAccording to the Law 39/1989, realtors and real estate agents in Italy must be registered with their local Chamber of Commerce. If not registered, a real estate agent is liable to fines and other penalties and will not be entitled to agreed commissions.

This legislation also provides an important guarantee for the consumer, in that the law requires the agent to have adequate insurance cover in order to practise their profession. The scope of this professional insurance policy must provide the consumer with cover in the event of negligence on the part of the agent. (more…)

Read more

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

Responsibility of The Contractor for Defects And/Or Variations in Construction Works

Responsibility of The Contractor for Defects And/Or Variations in Construction WorksThe best advice I can give you before entering into a contract with a construction or renovation company is to call your legal advisor to get a contract drafted between you and the company you have chosen to carry out the work. A professionally drafted contract is your best protection should any problems with the construction works arise.

Whether there are issues with defective material, poor execution of works, deviations from the agreed plan or a request for additional money, a professionally drafted contract in both English and Italian will prevent a lot of problems, reduce stress and often save you a considerable amount of money. (more…)

Read more

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

Insurance Policy for Off-Plan Properties

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 ofinsurance policy ownership, an insurance policy as a guarantee for serious construction defects affecting the property. This insurance policy has a cover of 10 years.

A good piece of advice is to request that the Notary Public, who must be involved in the sale, make explicit reference to the insurance policy in the Deed of Sale. (more…)

Read more

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

English-Speaking Italian Property Lawyer

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. (more…)

Read more

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…)

Read more

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…)

Read more

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…)

Read more

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…)

Read more