Right of way in Italy: rights and duties

“Passage” events involving neighbors are not unusual at all. Consider, for example, those who can not access their land through a public road or who could access it on an easier route rather than a particularly winding route. In these cases, it is essential or, in any case, preferable to go through a street, a pathor a private road, belonging to another subject, or to pass directly by the neighboring property (the garden, the park, etc. .). These are special situations that the law has seen fit to regulate by making important provisions. Rights of way: what they are Rights of way or “Easements of passage” fall into the category of “predictive servitudes” that they represent, in accordance with art. 1027 of the Italian civil code, the weighting imposed on a land for the benefit of another land owned by a different owner. The land that bears the weight in favor of the other is called “servant”, while the land that benefits or enjoys the imposed weight is called “dominant”. In the rights of way, in particular, the owner of the servant land is obliged to allow the passage to the owner of the dominant land, which entails a compression of the right of ownership: normally, in fact, it is not permitted to those who are not owners to enter or pass through the property of another person. The derogation granted by the easement of passage therefore imposed on both of them a series of rights and duties. Right of way: how are they constituted With regard to their constitution, rights of way are divided into volunteers or coercive: in the first case, it is the parties who decide to constitute the right, for example by contract; in the second case, however, it is the law which provides for the right of one of the parties to obtain it. Nevertheless, it is quite possible to acquire a right of way through the penalty of a judge or even a usucapion, thus demonstrating the passage on the ground of the neighbor who has not been disturbed for twenty years. The usucapion concerns the only non-apparent servitudes, that is to say those in which there are visible and permanent works intended for their use. Land closed and not closed A typical example of coercive servitude is the presence of an inter-land land or, in accordance with art. 1051 cc, the land surrounded by the lands of other persons and who has no exit on the public road nor can obtain it without excessive expense or inconvenience: the owner of this land has the right to obtain the passage on the neighboring land for cultivation and appropriate use of its own land. In fact, the law allows for compulsory passage also in the case of non-nested lands, or where, although there is access to the public road, it is inadequate or insufficient for the purposes of the land and can not be extended. In this case, the judicial authority may grant the passage only if it recognizes that the request meets the needs of agriculture or industry or the accessibility requirements referred to in the disability legislation, and the needs of residential use of persons with disabilities. Rights and obligations of the owners The easement of passage occurs in the presence of neighboring buildings (not necessarily neighbors) and belonging to different subjects. Unless otherwise agreed, the law provides that the owner of the service land is entitled to an indemnity proportional to the damage caused by the passage. Owner of the servant land The owner of the servant land, who is subject to an enforced servitude, sees his right to the joinder restricted and, for this reason, the Italian civil code grants him an indemnity proportional to the damage caused by the passage (article 1053 cc) or the diminution in value of the property. The compensation includes both the actual damage caused by the easement and the depreciation suffered by the land. The owner of the servant land will not have to perform any specific act to allow the exercise of the servitude by the owner, unless otherwise provided by law or contract: in practice, one can not expect any behavior from the owner of the servant land. The owner of the servant land, however, may not in any way prevent or hinder the exercise of the right by the holder of the right of passage. For example, for security reasons (for example to prevent access to non-beneficiaries), the owner is allowed to close the land, for example by installing a gate, but the fence must not prevent the peaceful exercise of the easement of passage and the holder of this right must be able to enter comfortably (for example by giving him the keys or the remote control). Owner of the dominant land The owner of the dominant land, by carrying out the work necessary for the preservation of the easement, will have to choose the moment and the way in which it causes less inconveniences to the owner of the servant land, because he is not authorized to aggravate the discomfort that the latter suffered immediately. However, if the works also benefit the servant land, the expenses will be borne in proportion to the respective benefits. By mutual agreement, parties may also choose different methods of managing and distributing expenses. If, in order to carry out the passage, it is necessary to occupy parts of the servant land with stable work or leave a non-cultivated part, the owner of the dominant land will also have to pay the value of the above-mentioned area before starting the work or starting the passage.

Trend: look for a house near the charging stations

The Italian real estate portal www.Casa.it allows you to find a house for sale at prime points of interest: hypermarkets, schools, metro, and now, even charging stations for electric cars: a useful ecological feature. Casa.it’s home-based lifestyle search is enriched by the new criterion “near charging stations for charging electric cars”. It seems that electric cars are starting to take off also in Italy. According to recent data published by the UNRAE Center for Studies and Statistics (National Union of Foreign Vehicle Representatives), 6453 zero-emission vehicles were registered in the first eight months of this year, an increase of 109 % compared to the same period of the previous year. In this context, Milan ranks second in terms of BEV (battery electric vehicle) registrations by individuals and among the first cities in Italy to increase the circulation of environmentally friendly vehicles and charging stations.  And Milan is the first city where Casa.it has decided to make available the new feature that allows you to search for a home near charging stations for electric vehicles. Between 2018 and 2019, charging points in Italy almost doubled (data from the City Mez report by Legambiente and Motus), but still do not cover the territory. For those who have chosen their philosophy of green life and have chosen to travel with electric vehicles, it may be important to have a charging station near their home. The new search function offered by Casa.it responds precisely to this need and adds to the criteria for identifying the ideal home based on the proximity of subways, schools and supermarkets, for those who have chosen not to use exclusively the car to move in the urban context. Everything is part of the innovative Lifestyle Centric Search project, exclusive to Casa.it, the only site and application in Italy to offer home-seekers new search criteria based on lifestyle. To those already announced, others will be added in the coming months.

Italy: Finance Act 2020, the upcoming property tax combining Imu and Tasi

The local tax unifies Imu and Tasi. A new tax is about to be born, already renamed Local Tax. New, in reality, is not the most appropriate adjective, since it is the unification of two already existing taxes: Imu and Tasi. The first concerns only second homes, while the second is administered by the municipality and is used to finance public services for the community, such as street cleaning or lighting. In the 2020 economic State budget project recently sent to the Senate, the two seem united, with a rate of 8.6 per thousand of the cadastral value (which is far below its real value) of the building. No increase in the tax burden Prime Minister Giuseppe Conte said that this provision would lead to no increase in the tax burden, since the total amount is to remain unchanged. But one factor must be taken into account: mayors will have the right to raise the tax rate to 10.6 per thousand, up to 11.4 per thousand in 2020. This mechanism does not apply to those who already pay the maximum IMU tax rate, as happens in some large cities, including Milan, Rome and Florence. Should pay more attention citizens of urban centers which, even if they are large, are not metropolises: according to an analysis of the National Institute of Chartered Accountants, the worst scenario at the end of the year could be an increase of 235 euros. With a municipal resolution, it will also be possible to decide to reduce the tax to zero or exclude from the tax properties, villas and castles of value, for which the tax is applied even when it is the main residence.

Real estate sale: the documents to bring to the notary

Real estate sale: the documents to bring to the notary When you buy a house, there is so much to do and think, just as there are so many documents to present to the notary so that the parties can, after the appropriate verifications, reach a mutually beneficial agreement, without fear of surprises. Some documents, or those needed to identify the seller and the buyer, are common to both. With regard to the property, the subject needed to produce the most important documentation is the seller. We thus see, without claim of completeness, which are the main documents to present to the notary when a contract of sale is stipulated. Documents common to the seller and the buyer The documents that the seller and the buyer must bring to the notary in case of sale are not always the same. The details When the seller and / or the buyer are natural persons, they must give to the notary: the identity card or other identification document and, in the case of non-European citizens, the residence permit or entry visa; the certificate of free status or, if he is married, the certificate of marriage certificate or certificate of civil union; a copy of any heritage agreement or cohabitation. Legal person Where, on the other hand, the person selling or buying is a legal person, the notary must receive: a copy of the legal representative’s identity document; any resolution with which the agent has been appointed to sell; the identification data of the legal person, or the resulting tax code, if possible, of the register in which it is registered, the name of the registered office and the name of the the legal person. Specific documents of the buyer The buyer who has applied for a loan from the bank must provide the notary with the contacts of the institution to enable him to have all the information necessary for the provision of the latter. In addition to this, he must deliver: a copy of the preliminary sales contract; a copy of the documents showing the amount already paid to the seller; and, if an agency intervened, the data of the same, the agreed commission and the copy of the documentation showing what has already been paid. Documents relating to the property The necessary documentation to identify the seller, the buyer, their status and their availability must be submitted to the notary with all the documentation relating to the property that is the subject of the purchase contract. These are the main documents to present: copy of the plan deposited in the cadastre, planimetric conformity to the inventory of fixtures and other cadastral documents possibly necessary; copy of the payment method proving what has already been paid by the buyer; if the buyer has taken over the pre-existing loan, he must provide a copy of the receipt of the last payment; copy of the mortgage certificate, to check whether mortgages are registered on the building or are subject to foreclosures; copy of the act of purchase of the property and, if acquired, mortis causa, of the declaration of succession, of the will, of the acceptance of the succession, of the European certificate of succession showing how the seller came into possession of the good; if the property being sold is inside a condominium, a copy of the condominium bylaw is required, accompanied by the condominium administrator’s certificate showing that the seller has paid the full cost of the condominium co-ownership and existence of resolutions relating to extraordinary expenses or litigation; a copy of all construction measures relating to the construction of the building, such as building permit, modification practices, etc. any authorization of cultural property, if the building is subject to monitoring constraints; copy of the viability certificate or documents proving that the application has been submitted; certifications of conformity of installations (hydraulic, electrical, thermal, gas); boiler booklet, showing the regularity of controls and its effectiveness; APE, energy performance certificate.

Holiday homes in Italy: sales rise but prices drop

The number of transactions is increasing, but prices are falling. The real estate market for holiday homes follows the national trend, with a 6.1% increase in transactions compared to 2018 and a 1.8% drop in average demand: here is the picture that emerges from the analysis carried out by the National Observatory of Tourist Real Estate of Fimaa-Confcommercio (Italian Federation of Business Brokers), in collaboration with the Nomisma economic studies office. The increase in sales concerns the entire peninsula. There is an increase of 6.4% in the coastal areas and 7.6% in the lake areas. Even mountain resorts do not stay behind, recording a 4% increase. A different picture for prices, however: today, the average figure required for a tourist residence in Italy is 2,134 euros per square meter, about 40 euros less than two years ago. However, this is a less drastic contraction compared to the -2.5% recorded in 2018. Costs fall mainly in Lazio (-3.5%), especially in the marine areas of the province of Rome, where a reduction of 3.8% is observed. Then come Liguria, with an average decrease of 3.1%, a percentage that reaches -5.7% if we focus on the region of Genoa. Only Friuli-Venezia Giulia experienced a turnaround that affected the entire region, with prices rising by 1.5%. Beyond the variations, the place where the houses for tourist use have the most cost is certainly Capri (12,700 euros per square meter), followed by Forte dei Marmi (12,600 € / m²) and Madonna di Campiglio (12,400 euros per square meter) € / m²). At Ortisei, it cost just 8,900 euros per square meter, at Porto Rotondo in Sardinia 8,500 € / m² and at Sirmione 8,100 € / m². A home at the seaside for less than € 1,000 per square meter! On the southern coast, in Calabria and Puglia, a house about ten meters from the sea can cost less than € 1,000 per square meter! Yes, a thousand!Check it out here ici! They go back to buying a house in southern Italy Reasoning in terms of macro-zones, the best performances for the sale and purchase of buildings have been put forward in the south of the country, an area that attracts more and more Italian and foreign investors. The mid-range homes, ranging from 85 to 115 square meters, seem more interesting, with growth peaks of nearly 11.1%. According to the analysis, buyers are mainly Italian. In 54% of cases, they come from another region, while a third decides not to go beyond regional borders, even when going on vacation. Only 15% of buyers are foreigners who choose to buy a house in Italy, 19% less than last year.

Buying real estate in Italy at a bargain through judicial sales

In Italy, a country heavily affected by the economical crisis following the 2008 subprime crack, foreclosures are abundant. That means that about 10% of the properties on the market are sold through judicial sales. These are great opportunities, since these properties are sold at a discount averaging 30% less than the price of comparable properties sold by private owners. So let’s see how these judicial sales work in Italy. What are judicial sales of real estate Judicial auctions are the means by which the judicial authority orders the sale of assets deriving from foreclosures, seizures, bankruptcies, etc. Everyone, except the debtor, can participate in judicial sales without the help of a lawyer or other professional (art.579 c.p.c.). The assets are normally estimated by experts appointed by the Court. In addition to the auction price, auction fees and tax charges are paid, if requested. The sale takes place in the state in which the goods are located and is not subject to the rules concerning the warranty due to defects or lack of quality, nor can it be terminated for any reason. The existence of any defects, lack of quality or non-conformity of the thing sold cannot give rise to any compensation, indemnity or refund of the price, as this is taken into account in the valuation of the assets. There is no right of withdrawal. The balance of the price and the payment of the tax charges must occur within the terms indicated in the specific methods of participation. Ownership of the property is transferred to the purchaser at the time of payment of the full price and tax charges. In case of failure to pay the balance of the price within the established terms, the forfeiture of the contractor is declared, and if the sale provided for the payment of a deposit, the same is retained by way of sanction. If a new enchantment is established, the defaulting bidder is required to pay the difference, in the event that the price obtained from the second auction, together with the confiscated bail, is less than that of the previous spell pursuant to art. 587 c.p.c. The offers presented are IRREVOCABLE. There is no right of withdrawal and therefore it is not possible to withdraw the offers. Anyone with promises, gifts or fraudulent means, disturbs or prevents the freedom of enchantments, commits a crime is punishable by sanction and imprisonment according to the penal code. Sales may be suspended and / or canceled at any time by order or order of the Judicial Authority which established the execution thereof. Who can participate in an auction The code of civil procedure, in art. 579, provides that “everyone, except the debtor, is allowed to bid on the auction”. The need for technical representation is not foreseen. The offers, in fact, can be made personally or by means of an authorized representative with a special proxy. How to participate in an auction The methods of participation in an auction are different in relation to the Court concerned. It is necessary to present the application together with the security and / or deposit, within the terms established in the notice of sale. Telematic sales of real estate “Telematic sales transactions” means the activities carried out between the moment of the connection of the bidders to the portal of the telematic sales manager and the awarding or identification of the best bidder. The regulation establishes the register of telematic sales managers, that is to say those subjects constituted in the form of joint-stock companies authorized by the judge to manage the electronic sale. The application for registration in the register must contain the indication of one or more districts of the Court of Appeal in which it intends to carry out the telematic sales service. Every telematic sales manager is required to establish an electronic register of telematic sales assignments. The telematic sales manager cannot participate, not even through a third party, in the sale of the assets subject to the pending proceedings before the judicial offices included in the Court of Appeal district, in respect of which it was registered. The Ministry carries out annual statistical monitoring of the electronic sales operations carried out by the managers. The offer for the electronic sale must contain, among other things, the identification data of the bidder, with the express indication of the tax code or VAT number, the judicial office where the procedure is pending, the identification data of the procedure and lot and the description of the asset, the referent of the procedure and the sales data. The price offered and the deadline for payment are also indicated, except in the case of a request to participate in the auction. During the auction or resolution on the offer, in accordance with article 572 of the code of civil procedure, the judge or the referent of the procedure, having verified the regularity of the offers, starts the sales operations. The telematic sales manager prepares and displays on its portal an automatic system for calculating the deadline set for the formulation of the bids. The bids and observations of each bidder are reported in the portal of the online sales manager and made visible to the other participants, to the judge or to the referent of the procedure; in the same way we proceed for every determination of the latter. The judge, the referent of the procedure and the registrar can take part in the sales without enchantment. With the same procedures, other subjects may also participate if authorized by the judge or the person in charge of the procedure. In any case, the telematic sales manager’s portal ensures the access of the bidders to the data contained in the electronic document referred to in article 14, paragraph 3, and replaces the names of the bidders with pseudonyms or other distinctive elements capable of ensuring the ‘anonymity. The judge, the referent of the procedure and the chancellor can however access all the data contained in the offer

A mini-house that changes size according to your needs

In Italy, you can buy low-cost building land, even a few meters from the sea, especially in the south, and install a mini home for the holidays … No more waste of space and energy with this home powered by renewable energies Mini homes and transportable and habitable containers are becoming one of the most innovative real estate trends. Their charming charm and practicality are undeniable, and nothing indicates that current will stop, at least in the short term. The protagonists at the source of the latest innovation in the field are the group WZH (Hebel Weizhengheng Modular House Technology Co.), which produces prefabricated modular houses and containerized, and on sale on Amazon, the giant of electronic commerce. The Asian company has launched a new product that has attracted attention in an industry where it is increasingly difficult to stand out. It is a small house of 20 square meters that can easily be enlarged to provide up to 10 square meters of additional space, thanks to a hydraulic system that allows it to stretch or fold like an accordion. This prefabricated structure naturally has separate spaces, true fully equipped rooms. It is equipped with a kitchen, a bedroom and a bathroom, each room with its furniture. Its real peculiarity lies in its unusual ability to change size on demand: the small house can effectively compress or expand laterally as needed by removing the compartment where the bathroom and part of the living room are located. The procedure is fully automated and can be controlled remotely. And this home not only saves space, but also energy, being equipped with solar and wind energy harvesting systems to power the entire house. The lighting, television and refrigerator provided with consume no more than 250W. Its third strong point is its price: this transformable home, solidly built from fiberglass composite, starts at just under $ 24,000 (about 21,200 €). But its low cost shouldn’t let you think that it is not a functionally capable house:  this mini house has everything you need, whether to live permanently, as a second home or for holidays by the sea or in the mountains. As often happens with mini homes, these structures can be customized to suit your tastes and needs. For example, the wind and solar system can be replaced by a conventional electrical system to power lights and appliances.

Foreigners love italian lakes: luxury real estate market grows

There is a growing interest in luxury real estate on the edge of the lake: in recent years, this segment of the real estate market is alive, thanks in particular to foreign capital investments. Among the most popular places for foreign tourists are Lake Como and Lake Maggiore. According to data provided by Engel & Völkers, 70% of people buying a property on Lake Como are international buyers: firstly Germans, but also Europeans from the North, the Middle East and Americans. A dynamic that, according to surveys, will continue at a good pace also in 2019: in the first quarter of this year, the number of applications has actually increased by 20% compared to 2018. Prices have risen by about 20% in the last ten years, and even during the economic crisis, they have not undergone major changes. Among the most demanded areas are Cernobbio and Menaggio, where, in 2018, the prices of properties located in exclusive places are between 3 and 7 million euros; the cost of the apartments remained between 4,000 and 5,500 euros per square meter. Luxury real estate market on the shores of Lake Maggiore The performance of the luxury real estate market on the shores of Lake Maggiore has also been good, despite lower investments. However, the interest of foreign buyers remains strong, with a presence of 75% of the total. The most exclusive site is Stresa, with prices per square meter between 2,800 and 3,300 euros. In the Lake Maggiore region, domestic buyers represent 25% of the market, compared to 75% for international buyers. Among the international buyers, the main countries of origin are: Germany (35%), Switzerland (25%) and the United Kingdom (15%). Lake Garda property market Over the past two years, the Lake Garda property market has enjoyed a good recovery. The demand for real estate has increased and those who ask for information are seriously interested in buying. Investors are mainly Germans and Austrians who also buy land because they want to invest heavily in Italy in green building projects.

Italy: main innovations of the 2019 tax decree for real estate

Let’s see what are the main innovations of the 2019 tax decree for real estate Confirmation of the coupon option Canceled the rule that provides penalties for those who forget to confirm the option for the coupon (cedolare secca) on rents at the time of the extension of the contract. Short rental identification code Each structure for short-term rental must have an identification code which must be used for “any communication regarding the provision and promotion of services to users”. The same code should also be used by internet portal managers and real estate agents. Penalties from 500 to 5,000 euros for those who do not comply. Tenant data communication with income The data on the tenants of the short rent communicated by the owners to the state police will in turn be communicated (anonymously and aggregated by structure) to the Revenue Agency (IRS) to verify the payment of taxes. Unclaimed taxes For contracts stipulated as of January 1, 2020, the growth decree provides for the possibility of not paying taxes on unclaimed fees if the absence of collection is evidenced by a “notice of eviction for non-payment or obligation to pay”. Expiration of the IMU declaration The deadline for the IMU declaration now set for 30 June is extended to 31 December of the year following the year to which the data to be reported relate. IMU rural instrumental buildings The IMU on instrumental buildings becomes deductible from the company’s income from 2023. Until then, the percentage of deduction will increase: 50% for IMU 2019, 60% for 2020 and 2021 and 70% in 2022. Ecobonus at a reduced price on the invoice A taxpayer who is doing work to improve the energy efficiency of his building or to reduce the seismic risk has the option of receiving an advance from the supplier who performed the intervention instead of a deduction, in the form of a reduction of the amount due. The supplier can recover the contribution in the form of a tax credit or can in turn transfer it to its suppliers of goods and services.  

How to negotiate the price of a property in Italy

Some tips to get a better deal when buying any property in Italy Don’t be in a hurry if you got deadlines to respect, or are in a hurry for any reasons, it will be harder for you to get a good deal, since the other party will notice that, and will be less likely to accept price reductions. Don’t fall in love with the house try to the logic and objective. Too much enthusiasm will render you too generous with your offers. Don’t be afraid that another buyer could outbid you say to yourself: it’s either I get the house at the price I want, or nevermind. Unless you should absolutely buy that property, with no alternatives. Estimate the likely market value of the house in the year when you forecast to resell it because this could have a big influence on its actual price. If the house is likely to depreciate, you’d better bring up this argument during the negotiation. Discover the secrets of the home Become a detective and find out how long the house has been for sale and if the owner has lowered the price. If the house has been on the market for more than six months and always has the same price, the owner is probably in no hurry to sell. Otherwise, it can be treated. Inquire about recent sale prices of similar properties Ask neighbors who purchased recently; ask you real estate agent, and verify with the owners, if possible. Be very kind and diplomatic when trying to lower the price Being firm doesn’t imply any arrogance. Never hurt the seller’s feelings; if he is happy to sell to you, it will be more likely to concede a lower offer. Price is not the only element to be negotiated Furniture, kitchen appliances, the date for moving in, garden tools: these things can be part of the purchase, not only can they be negotiated, but their price is not subject to taxation. You should therefore deduct it from the total price of the purchase, in order to pay less taxes.