18 Not allowed to buy a property1

Hi there, folks, have been waiting ages for the forum to come back! I went to Italy in early january to complete the purchase of our house. My wife could not attend, so I had a "procura speciale" (power of attorney) notarised and apostiled etc., for me sign her part.

But I wasn't allowed to sign for myself, as I have an Australian passport! I had never heard of this before, but the notaio was adamant: since it wasn't possible for Italians to freely buy property in Australia, then an Australian could not buy property in Italy!

He was happy for my wife to buy the house, but then the procura was wrong for that purpose. If I had a company, then he would be happy for me to sign on behalf of my own company, provided that I had all the "powers of the company" etc translated and notarised etc.

I'm going back next week with a new procura to put the house in my wife's name. What a bore.... :evil:

Why does nobody ever mention this rather important matter?

Category
Legal

Most advice that is printed on buying property in Italy is geared toward the UK or US markets, and as such focus on the legalities for these two nationalities. Some books I have read on the subject have made passing reference to Australian and New Zealand requirements, but never in enough detail to be useful.

Also, from the Italian side, I guess if they see you coming over from the UK, they sometimes make an automatic assumption that you are British.

It is annoying - and in your case has added expenses to what is no doubt already an expensive process.

I ignore what happend, but between Italy and Australia there's reciprocity: an italian can buy there and an aussie can do it here.

Here's the communication realased by the italian foreign ministery:
MIN. AFF. EST.- Serv. Cont. Dipl. - Uff. I
21.3.2000
PAESE: AUSTRALIA
ACQUISTI IMMOBILIARI:
E' verificata la condizione di reciprocità.
COSTITUZIONE DI/PARTECIPAZIONE A SOCIETA':
E' verificata la condizione di reciprocità.

It would appear, if confirmed, that some notaries know their job better than others. It is common to have to show the regulations to a desk jockey but this is the first I have heard it about a notary.

If Italians could not buy houses in Australia where would all the Melbourne bus drivers live?