PLEASE NOTE THAT THE DETAILS
BELOW RELATING TO PURCHASING A PROPERTY IN ITALY ARE SUBJECT TO CHANGES AND ARE
GIVEN AS A GUIDE ONLY. YOU ARE ADVISED TO TAKE INDEPENDANT LEGAL ADVICE BEFORE
ENTERING INTO ANY TRANSACTIONS.
Step 1 The offer either an irrevocabile purchase
agreement
(proposta irrevocabile
d'acquisto),which is signed by the buyer
and seller after agreeing a price, which identifies both parties, the property
in question and gives an expiry date for the signing of the Compromesso. When
you sign you pay approx 10%. If you the buyer change your mind you lose the
deposit. If the sale does not go ahead through, through no reason of your own
then the deposit is returned. Survey should be carried out at this stage by a
Geometra.
If you change your mind you will fortfeit the
deposit, as the owner will have effectively taken the property off the market
for a certain period of time. If the sale does not go ahead in the specified
date through no fault of your own, then your deposit will be returned to you. A
surveyor (Geometra) should be arranged for a survey on the property and carry
out the searches, if required at this stage.
Step 2 Compromesso
The preliminary contract (Compromesso) commits
both parties to the sale. This contract establishes the terms and conditions of
the final contract (Rogito) and details price, date for completion, the nature
of the property and guarantees from the seller. It may also include any other
relevant legal details.
You will be expected to pay a deposit at this
stage (Caparra) which is usually 1/3 of the purchase price. It is important to
note that if you withdraw from the sale after signing the Compromesso, you lose
your deposit. However, if the seller withdraws, he must pay you double your
deposit.
Step 3 Rogito
This is the final stage of the process and
transfers ownership of the property from the seller to the buyer (usually 1-3
months after the Compromesso). The document is drawn up by the Notary (Notaio),
who represents both parties. The buyer, seller and estate agent are all required
to be present for the signing of the contract at the Notary's office. You can
sign the Rogito in person or it may be possible to appoint a Power of Attorney
in your absence. You will be expected to transfer funds to the vendor and the
Notary at this stage - the best way of transferring funds to your Italian
account in time for the Rogito is either via Swift from your own bank in the UK
or by using a specialist currency dealer, which may be able to offer you better
rate of exchange.
If you can't be present at the Rogito - Special
Power of Attorney
You will need a the power of attorney agreement
which is emailed/faxed/sent to you and you need to print it off and sign it in
the presence of a solicitor. You then need to send or take it to the Foreign
Office in your country to have it ratified with an "Apostille" and send back to
Italy. Your delegate can then sign the rogito on your behalf without the need
for you to come to Italy.
As well as paying the balance for the property,
the buyer must also pay:
- Purchase tax
which is either 3% (replaced by 4% VAT if buying from a building company) if
the buyer purchases the property as his first residential home in Italy and
applies for residency in the local area, or 10% if the foreign buyer already
owns property in Italy or does not wish to apply for residency. Please note
that the tax is calculated on the declared value of the property and not the
purchase price ie. on the value stated in the building registry. The
declared value of land is extremely low, unless it is valuable land such as
olive groves or building land;
- Notary fee
payable when you sign the final contract;
- Surveyor fee
the geometra will check all the documents for the house are up-to-date and
legal, that buildings have fully registered title and that the house
complies with planning regulations. This fee is also payable at the signing
of the final contract. Some Notaries liaise with a Geomettra directly and
you will only pay one fee directly to the Notary.
Running costs of your property will include:
- Annual Tax The
Imposta Comunale sugli Immobili is an annual council tax calculated on the
value of the property. It is payable twice a year in June and December even
if it is possible to pay it once in December for non residents;
- Rubbish tax it
is payable in four instalments or all at once if you prefer;
- Utilities
electricity, water, gas, telephone (if required);
- Condominium
expenses if you buy a property which is part of a group of properties
which share some communal areas gardens, driveway, swimming pool, tennis
court etc. then you will be required to pay condominium expenses;
The easiest way to pay most of these is by direct
debit, although some you will need to pay at the post office.
It is strongly recommended that if you use an estate agent that they are fully licensed by the
Chamber of Commerce.