In reply to A newbie all over again! by Annec
In reply to A newbie all over again! by Annec
Having just been through the same process, I can confirm that what Torch has said is exactly right both the percentages and the need to get the neighbours to forgo their purchase rights. However we only paid the taxes on the Valore Catastale which were low because of the property being undeveloped - but be aware that if you are developing you will have to pay a further tax to the commune once the development is complete. The amount depends on the size/quality i.e value of the finished house. Your Geometra will be able to advise you on this.
One question that this subject has raised in my mind (and I will check this out, but someone may know the answer) is that, as our property that was agricultural has now been registered as Urban, would the neighbouring land owners still have the right to purchase? Fortunately we got them all to sign anyway!
In reply to A newbie all over again! by Annec
We also purchased a property recently and I totally agree with what has been said by Torch and Luce. You can get a nice surprise, as we did, if the Valore Catastale is low.
In reply to A newbie all over again! by Annec
I don't think that you get less than 18% tax on land, even if you do apply for residency, unless the land forms part of an agricultural business or you become a registered farmer. For most people, this is not worth it.
In reply to A newbie all over again! by Annec
[quote=Luce Dell'Amore;79801]
One question that this subject has raised in my mind (and I will check this out, but someone may know the answer) is that, as our property that was agricultural has now been registered as Urban, would the neighbouring land owners still have the right to purchase? Fortunately we got them all to sign anyway![/quote]
no, they would not stll have the right to purchase - we reregistered our land from agricultural to urban for exactly that reason. It wasn't cheap but it properly reflects our use of the land and kept us 100% safe from the neighbours!
In reply to A newbie all over again! by Annec
Re the comments by Torch: I don't think the right to buy, or 'prelazione" of neighbouring registered land workers are quite as strong as suggested. When we purchased our place two years ago, the advice was that the vendor was obliged to offer them first refusal. If they make no claim on their rights at the price suggested by the vendor, that should more or less be the end of the story as I undersatnd it. If they are not made aware of the proposal to sell, then, I was informed, they have two years to challenge the sale. Finally, if you underdeclare the transaction on the land registry, then registered neighbours are in a position to say that they would have purchased, had they been aware of the final 'price' for the property. Fortunately, almost two years ago this week, the 'no more under declaring' post in the legal forum, by David, flagged up the change by Berlusconi's govt, which allowed purchase tax to be calculated on the valore catastale, usually to the advantage of the purchaser, and more or less obviating the pressure to under declare. I can't speak with authority about the current situation, but there's lots about this on the legal forum threads, especially for 2005-2006.
In reply to A newbie all over again! by Annec
Torchiarolan is correct and it is called "Diritto di Prelazione". If you have agricultural land you should make sure that your neighbours have signed a letter where they renounce their right, now and forever before you complete your purchase.
In reply to A newbie all over again! by Annec
I certainly agree with Torch and Paolina that you should get renunciations from the neighbours in writing. We, too, insisted on this at the time.
In reply to A newbie all over again! by Annec
many thanks to everyone who replied to my thread, all the advice and wise words have certainly cleared up a few of my concerns, thanks again
:Dancing_biggrin:
It's a long time since I paid stamp duty, so I may be very wrong about this. However if you buy agricultural land and you are not a farmer you have to pay higher stamp duty. Or at least that's the way it worked ten years ago.