Off-Plan Property
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By In Inheritance, 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

Power of Attorney

ImmagineAs a solicitor, I am often engaged to act on behalf of my clients in very important legal matters. My clients trust me, my knowledge and experience to handle their affairs by giving me a Power of Attorney. You may have heard of a Power of Attorney, but do you know exactly what its purpose is or when it is used?

In order to shed a little light on the subject, here are a few basic facts about a Power of Attorney together with the legal ramifications as they pertain to purchasing and/or inheriting real estate property in Italy (more…)

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

Hidden Defects in an Italian Property

Hidden Defects in an Italian Property… Buyers Beware!

Where exactly do you stand if you discover major hidden defects with your Italian property following completion? You move into your dream Italian home only to find that the condition of the property is significantly worse than anticipated.

hidden defects

This is exactly the nightmare scenario the Wright family in Lazio found themselves in. The day after moving in, the family discovered serious water penetration into several rooms in the house, notably the kitchen and living room.

Following their discovery, the Wrights raised the matter with the previous owners, who denied there was a serious problem; the particulars of the property had provided no information on its condition, and the Public Notary also considered that given the Wrights had signed a legally binding Proposta d’Acquisto declaring that they were purchasing the property ‘in condition as seen’, then there was nothing he could do. (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

Prevention Is Better Than Cure… Seek Legal Experts

Prevention is always better than cure, therefore, always seek legal experts.

You’ve seen a few Italian properties online that you really like the look of. You want to book flights to Italy, organise rental car and accommodation to see the properties for yourself. But how do you know if the properties you’ve set your heart on seeing are legally safe and structurally sound? Before being advertised with a real estate agent, was a survey conducted? Have the legalities been checked?

Be sure to seek legal experts, before purchasing a property.

seek legal experts 

We can provide an independent and professional pre-purchase property background check service. That way, you can avoid problems such as buying a property with shared title deeds, other legal and financial complications, structural or planning permission issues. Knowing exactly where you stand before you view properties, you increase your chance of finding the right property first time and avoiding wasted trips and the expense of repeat visits and false starts.

We also provide a pre-sales property background check service for owners preparing to put Italian property on the real estate market. Having all the legal and structural details as part of your property sales package offers vendors a competitive advantage when promoting property for sale.

Please contact us if you would like assistance.

Italian Property Background Check

Our independent professional legal and structural advice will save you time and money before you buy or sell a property in Italy.

Ask about our pre-purchase and pre-sale services

Certificate of Habitability

Title Deeds / Legal Ownership

Bad debts

Land Registry

Planning Permission

Structural Survey

Geological Survey

Adverse Possession

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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

First-time property purchases and Force Majeure

Frequently, property buyers in Italy decide to take advantage of tax reductions available for first-time property purchases, namely a registration tax of 2%, aFirst-time property purchases fixed cadastral tax of €50 and a fixed mortgage tax of €50. To benefit from fiscal reductions, purchasers must transfer their residence to the Municipality in which the property is located, within 18 months of signing the deed of sale. Missing the transfer deadline entails the loss of tax benefits and heavy fines unless there is an extraordinary event or circumstance that constitutes a force majeure. Examples of a force majeure event might be an earthquake, seaquake, flood, landslide. In general, any event deemed to be beyond man’s control, which renders the property uninhabitable. (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

The right to back out if there is no certificate of habitability

The right to back out of signing the final deed of sale if there is no certificate of habitability

Last November the Italian Supreme Court of Cassation ruled that buyers can refuse to enter into the final deed of sale if the residential property they have promised to buy has no certificate of habitability (Court of Cassation., section II, 26th November 2015-8th February 2016, n. 2438).agibilità

The Certificate of Habitability certifies the suitability of a residential property as being fit 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 regulations. According to law, prior to issuing the certificate of habitability, the competent authorities should also verify that the building complies with planning permission.

Following purchase of a property in Italy, owners will need the certificate of habitability to get utilities and municipal services for their property. (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

Italian Property Buying Process

buying process

At What Stage of the Buying Process Should You Contact a Property Lawyer in Italy?

People planning to buy an Italian property frequently ask me at what point of the buying process they should involve a lawyer.

On the one hand, people worry that if they contact a lawyer too soon, they will end up wasting their time or incur unnecessary additional costs when they might not actually proceed with a property purchase immediately. (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

Buying properties in Italy is a major decision

buying properties

Buying properties in Italy is a major decision. Proceed with caution. Do your research. Always get independent advice.

Continued slow economic growth in Italy is helping to keep property prices low and therefore attractive for those looking to invest. Interest rates show no sign of substantially increasing in 2016 either in The UK or in the Eurozone. 2016 is therefore looking to be another year when many Britons will purchase an Italian property.

Each year, I am engaged by clients whose Italian property purchase started out as an impulse decision, driven more by emotional than rational considerations. Unfortunately, at some point during the purchase, the dream has turned in to a nightmare. All sorts of additional costs are incurred; costs which could have been completely avoided if legal advice had been sought prior to purchase. (more…)

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