Unlike
most European countries Italy so far has few property developers
aiming at attracting foreign nationals. So investors will generally
be obliged to look for properties on the open market.
Your first decision will be to narrow down the area in which you
wish to purchase, checking on its letting potential and that there
is an airport nearby with convenient take off and landing times
to and from appropriate destinations.
In your property
search it is advisable to use a reputable estate agent – all
Italian estate agents must have a licence to trade, issued by
the local town hall, and must
pass oral and written
examinations. Set out your requirements and plan a property inspection
visit via the agent.
Besides location, your main consideration will be how much the
property will cost and what are the costs of purchasing. You can
get an idea of property prices by looking at the Residential Landlord
properties for sale pages.
Once you have found a property you wish to purchase you should
engage a reputable lawyer and if you feel comfortable with the
arrangement, put in place a power of attorney that allows him or
her to act for you in your absence. Leave a deposit with the lawyer
so that he or she can exchange contracts once the searches have
been completed.
Before signing any purchase documents it is essential to make
enquiries at the Local Registry and Deeds Registry, as well as
at the local municipality so as to ensure that the vendor has a
registered title to the property and that the chain of title is
unbroken. Make sure that there are no mortgages or charges against
the property and that planning permissions have been obtained,
building regulations complied with, municipal taxes paid and, if
the property includes agricultural land, that there are no pre-emptive
rights of adjoining landowners. To do this it is advisable to employ
a local surveyor who will be prepared to carry out most of these
searches.
The first formally binding step in the purchase transaction is
made by signing the contract (contratto preliminare or compromesso)
drawn up by the vendor or his or her estate agent. This creates
a legally binding commitment to purchase on the terms stated.
The deposit paid when signing, of between 10 per cent and 30
per cent of the agreed price, will be forfeited if the purchaser
does not complete the deal. If the vendor reneges he or she has
to compensate the proposed purchaser by the return of twice the
deposit.
Transfer of ownership is subsequently completed when the two
parties sign the conveyance or transfer (atto di compravendita)
before a notary who oversees the deal and ensures that the transfer
takes place according to law.
Notaries are
public officials who act for neither of the parties. Their duties
are to draw up the deed, see to
the payment of any
capital gains tax and outstanding penalties for town planning irregularities,
and then to register the document – both for the purpose
of the title being brought up to date and for the raising of a
tax assessment.
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visit
the property you plan to buy wherever it is situated;
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do
not be rushed into buying a property – vendors
will encourage you to make a quick decision and to
sign up but it is better to lose the opportunity
of purchasing a property which seems attractive than
to make a hasty decision that you regret of a long
time afterwards;
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before
signing any documents or paying over any money seek
advice on the contract, the specification and the
terms of business from qualified legal experts and
from an accountant, and ask the estate agent for
English translations of all documents which commit
you to a purchase;
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when
purchasing an apartment obtain written confirmation
of maintenance charges and management arrangements;
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ensure
that you obtain a proper title to the property you
are buying and that there are no encumbrances, such
as a mortgage – your lawyer should make these
checks;
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ask
for a completion date to be included in the sales
contract;
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at
an early date, compile a list of costs and taxes
that you will be liable to pay;
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make
sure that you comply with the fiscal rules of the
country – check out the regulations regarding
taxation of foreign residents, remember the tax collector
will want a share of your 'profits'; and
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check
any residence requirements. |
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A certified
copy of the conveyance document issued by the notary as evidence
of title and contains the names of the two parties
to the transaction, a description of the property with map
references, boundaries, price, receipt for the purchase money,
details of
rights of way and other easements and warranties that the vendor
will be the legal owner, that the property is sold with vacant
possession and that it is not subject to any charges. The documents, or course, will all be in Italian but your own
lawyer should be able to guide you through the transaction.
Taxes and registration fees should total roughly about 10 per
cent of the purchase price. You must also budget for the costs
and fees of you lawyer and surveyor. If you are purchasing from
a professional builder you will have to pay VAT in addition to
a registration tax.
An Italian bank account is a virtual must for payment of local
tax, fuel, water and telephone bills.
The Italian and British governments have a double tax treaty which
means that you should not have to pay taxes in both countries.
But if you rent out your property you must declare the rental income
to both the Italian and the British tax authorities.
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