11475 paperwork for declaring a proerty uninhabitable
I can't give too much detail as I don't know it myself, but we have been asked by the authorities to pay around 400 euros to declare our house uninhabitable (which it is), or they will do something which sounds like compulsory purchase.
Can any-one shed any light on what is going on here - we have owned the property for around 16 years and up until now have had no demands for payments of any sort, again as far as I know (the ex should have been dealing with it!).
Also, as it's in a National Park, would problems arise if we fulfill the demands and later try to apply for planning permission...?
Category
Legal
Submitted by Anonymous (not verified) on Wed, 01/21/2009 - 02:37
i guess i should have put it in a different section as well... property as general chat seems to disappear things so quickly....
anyway it looks to me that you have got caught up in the area of not having re registered your property to comply with the new laws regarding rural agricultural dwellings... which should have all been declared as non agricultural if you do not fall into the registered farmers bracket
i also posted on what you had to do to bring non registered properties into line with new rules... however that was a long time past
in reality it now depends on you i think.... should you wish to live in the building you would now have to get a geometra to register the building for you ... basically drawing up plans of the property or if you have them copying them... submitting them to the comune for a change of use from rural building to house and getting classified as an A type something in the catatsto and paying ICI...
must say your comune seems pretty quick off the mark... but there is a shortage of public funds and this is a good way for them to make sure they are getting as much from property owners as the laws allow...
apart from the drawing and submitting of plans i believe the comune policeman also visits to check that what has been submitted is true... so that the amount of tax and the catatsto rating of the property is right...
anyway i reckon that's what its all about... they will most probably be quite sympathetic to you not realising what what what as these new rules and laws are often only made aware to people either through forums like this... reading posters that are displayed before the wind or rain destroys them... or the official gazette where all new laws are posted...
if i am wrong i would suggest that it would not be a good idea to ignore it... the fines will gradually increase and there will be a time scale over which they will then attach it to any thing you own in Italy and eventually the fine will be assigned out to a debt collection system which will eventually lead to your property ending up in an auction somewhere... that's a long way down the road...
the other point is that its necessary even if this is a holiday home to register it because if you are found inhabiting a property for whatever time if not registered there will be other fines... apart from that if not registered correctly the service companies might well cut off all supplies to the property... in fact the comune might well insist n this to make sure it is not used abusively.... and to get it all back will cost more than this fine...
finally read the notice you have received carefully... often these fine statements/letters if read fully have a small print area allowing you so many days/weeks to put things right before the full amount kicks in... so say you contact a local geometra and start the application it might well allow you to avoid all or part of the fine
sorry about the length of the reply and how i wander... but things come to mind and so as an answer you are getting the full thoughts.... trying to cover all bases... of course i could be completely wrong on the situation and you could have a house already registered ... so ignore all the above and wait for someone else to reply
i think you may be caught up in a process that i posted on a while back... ...
try clicking on this link
[URL]http://www.italymag.co.uk/forums/general-chat-about-italy/11314-60-days-left-before-fines.html[/URL]
i guess i should have put it in a different section as well... property as general chat seems to disappear things so quickly....
anyway it looks to me that you have got caught up in the area of not having re registered your property to comply with the new laws regarding rural agricultural dwellings... which should have all been declared as non agricultural if you do not fall into the registered farmers bracket
i also posted on what you had to do to bring non registered properties into line with new rules... however that was a long time past
[URL]http://www.italymag.co.uk/forums/general-chat-about-italy/10063-illegal-buildings-andwhat-you-should-have-done.html[/URL]
but that's the link to it
in reality it now depends on you i think.... should you wish to live in the building you would now have to get a geometra to register the building for you ... basically drawing up plans of the property or if you have them copying them... submitting them to the comune for a change of use from rural building to house and getting classified as an A type something in the catatsto and paying ICI...
must say your comune seems pretty quick off the mark... but there is a shortage of public funds and this is a good way for them to make sure they are getting as much from property owners as the laws allow...
apart from the drawing and submitting of plans i believe the comune policeman also visits to check that what has been submitted is true... so that the amount of tax and the catatsto rating of the property is right...
anyway i reckon that's what its all about... they will most probably be quite sympathetic to you not realising what what what as these new rules and laws are often only made aware to people either through forums like this... reading posters that are displayed before the wind or rain destroys them... or the official gazette where all new laws are posted...
if i am wrong i would suggest that it would not be a good idea to ignore it... the fines will gradually increase and there will be a time scale over which they will then attach it to any thing you own in Italy and eventually the fine will be assigned out to a debt collection system which will eventually lead to your property ending up in an auction somewhere... that's a long way down the road...
the other point is that its necessary even if this is a holiday home to register it because if you are found inhabiting a property for whatever time if not registered there will be other fines... apart from that if not registered correctly the service companies might well cut off all supplies to the property... in fact the comune might well insist n this to make sure it is not used abusively.... and to get it all back will cost more than this fine...
finally read the notice you have received carefully... often these fine statements/letters if read fully have a small print area allowing you so many days/weeks to put things right before the full amount kicks in... so say you contact a local geometra and start the application it might well allow you to avoid all or part of the fine
sorry about the length of the reply and how i wander... but things come to mind and so as an answer you are getting the full thoughts.... trying to cover all bases... of course i could be completely wrong on the situation and you could have a house already registered ... so ignore all the above and wait for someone else to reply