from 1 July any act of sale must include a certificate of energy saving which every house in Italy will eventually need and should be displayed next to the numero civico of the property.
I would only go ahead if you have a notaio you trust implicitly.It seems to me that there is an attempt to defraud the tax office - not unusual in itself, but with serious consequences for you if they catch you.The lack of atti di provenienza is more worrying. It seems that he has this property in usucapione with an original title dating from 2007 - which lays you open to the possibility, even if remote, that someone will come along in the next 18 years and claim the property is theirs. As far as debts on the property - the only way you can protect yourself is to transcribe the compromesso - which costs about the same as the final act - and will then at least put you as No1 in the list - even if the seller promises to extinguish debt on the property in the compromesso, it doesnt mean that he will - unless you have a fab notaio who will trot along to the creditors office on the day of the act to pay off all the debts on the property. If he doestn you only have recourse through the legal system which will take years. As Adriatica says there is a limbo between the signing of the act and the registering, though I have all my client acts registered in 2 days - or in one day if there is a situation like yours - 2 weeks seems ridiculous to me - but again you need a good notaio who will send a functionary to register the act immediately. Any property like this with so many problems should be on the market for well, well below the market price as you are expected to take many risks with the purchase. Unless its a house you cant exist without, Id leave it well alone.
Even for Italians dentists are expensive - lots got to Hungary or Malta for cheaper and 'better' care. NHS type dentists don't exist. It might be worth taking out a dentistry insurance policy which could keep the bills down.
Its also, unfortunately, true to say that the majority of fires are not those that simply 'get out of hand' but are malicious in intent and nature. Down here there are thousands of hectares lost to fires every summer, and you can pinpoint them with regards to comunes - some comunes have many more piromaniacs than others! Since the law changed however thngs have changed. people used to burn their land in the hope of building nice new villas on it. Now, in Sicily, any notified fire brings an automatic 15 year no build period - to stop such speculation. Having said all of that, the majority of fires are caused by people chucking cigarette ends out of their car windows. Its not rained here for 7 weeks and the ground is tinder dry. The real problems will start in August when the northern Italians come down for their holidays and chuck their fag ends around , light bbqs in the middle of the countryside and generally enjoy themselves!
No slanging match was intended - Garda is a font of knowledge and I certainly didnt intend to start a Wimbledon base line match - there's probably enough of those going on this week. No offence taken, and none meant - and thanks Garda for the invite - Ive accepted it btw!
I was trying to make things as simple as possible for those who dont understand the Italian legal maze - and probably have muddied the waters further. For 99.9% of buyers from abroad who have a house it is prima casa and abitazione principale. The wording of the act of sale states that you can take prima casa agevolazione if you do not own, part own, have in use or usufrutto another property in the comune where you are applying for prima casa - (nor even a quota of another property in Italy, if that was bought using prima casa agevolazione) so yes garda you are right - I could rent a house in a comune and use it as my main residence and anagraphical residence, and then buy a house using prima casa agevolazione and not transfer my residence to that house, pay ICI and higher electricity bills - but I cant think of anyone who would do that. Or I could buy a house in one comune without the agevolazione and then buy a 'prima casa' house in another comune and transfer my residence to that comune to a third address - the possibilities are endless - but for the non Italians who buy one property which they live in, the legal minefield doesnt enter into the equation.
Garda I have to disagree - you cannot claim prima casa on a purchase if you're going to lilve in another house in teh same comune (unless the house is not habitable in which case no ICI is payable) . The prima casa agevolazione is for that property being used as a prima casa ie abitazione prinicpale - otherwise there would be no need to have it as your anagraphical residence within 18 months of the purchase. The act of purchase states that within 18 months you will take anagraphical residence in the property for which you are claiming agevolazione.We all know that Itlaians who have 3 houses intest one to the wife, one to the husband and one to the child to claim prima casa on the purchase and not pay ICI as abitaziione principale - you have to 'prove' the the police that you'live' there and that is it. It is your residence - anagraphical whether you choose to live there or not - but as far as the state is concerned it is your home. You can have residence in one place and domicile in another - another thing which most Itlaians do - having a holiday home as prima casa/residence and the domicile in Milan or wherever they happen to live and work - the thing to be aware of is that official post will always go to your legal residence - and the state is only responsible for sending it - if you never receive it - it's your problem
I took clients through the residency process a few weeks ago and the comune was happy to accept a RAS Allianz policy which cost 124 euros pa - it's teh chepaest that Ive found and fulfills the requirements for residency. I posted about it on another thread - if you visit the RAS allianz website I believe you can also buy it online.
Its very probably true.Dont ignore it! - if you have a bonfir and it gets out of hand, you will have a huge fine and have to pay the neighbours for damage caused. The forestale will also prosecute you. here in Sicily you have a legal obligation to clear your land of possible fire hazards, certainly in the summer - and if you decide to burn it you should only do it when it rains. Its not so much the fire, but the sparks and floating cinders that cause fires. If you have doubts call the forestale and ask them - they are generally very helpful as long as you dont start chopping down their trees.
To make things as clear as possible. If you claim prima casa when you buy - you must also make it your official residence (abitazione principale) within 18 months - so for the vast majority of foreigners buying in Italy they are one and same thingWhere you have your residence is the important thing with regards to ICI, Enel etc -
Comments posted
I would only go ahead if you have a notaio you trust implicitly.It seems to me that there is an attempt to defraud the tax office - not unusual in itself, but with serious consequences for you if they catch you.The lack of atti di provenienza is more worrying. It seems that he has this property in usucapione with an original title dating from 2007 - which lays you open to the possibility, even if remote, that someone will come along in the next 18 years and claim the property is theirs. As far as debts on the property - the only way you can protect yourself is to transcribe the compromesso - which costs about the same as the final act - and will then at least put you as No1 in the list - even if the seller promises to extinguish debt on the property in the compromesso, it doesnt mean that he will - unless you have a fab notaio who will trot along to the creditors office on the day of the act to pay off all the debts on the property. If he doestn you only have recourse through the legal system which will take years. As Adriatica says there is a limbo between the signing of the act and the registering, though I have all my client acts registered in 2 days - or in one day if there is a situation like yours - 2 weeks seems ridiculous to me - but again you need a good notaio who will send a functionary to register the act immediately. Any property like this with so many problems should be on the market for well, well below the market price as you are expected to take many risks with the purchase. Unless its a house you cant exist without, Id leave it well alone.
Even for Italians dentists are expensive - lots got to Hungary or Malta for cheaper and 'better' care. NHS type dentists don't exist. It might be worth taking out a dentistry insurance policy which could keep the bills down.
Its also, unfortunately, true to say that the majority of fires are not those that simply 'get out of hand' but are malicious in intent and nature. Down here there are thousands of hectares lost to fires every summer, and you can pinpoint them with regards to comunes - some comunes have many more piromaniacs than others! Since the law changed however thngs have changed. people used to burn their land in the hope of building nice new villas on it. Now, in Sicily, any notified fire brings an automatic 15 year no build period - to stop such speculation. Having said all of that, the majority of fires are caused by people chucking cigarette ends out of their car windows. Its not rained here for 7 weeks and the ground is tinder dry. The real problems will start in August when the northern Italians come down for their holidays and chuck their fag ends around , light bbqs in the middle of the countryside and generally enjoy themselves!
yes - sounds a good idea to me!
No slanging match was intended - Garda is a font of knowledge and I certainly didnt intend to start a Wimbledon base line match - there's probably enough of those going on this week. No offence taken, and none meant - and thanks Garda for the invite - Ive accepted it btw!
I was trying to make things as simple as possible for those who dont understand the Italian legal maze - and probably have muddied the waters further. For 99.9% of buyers from abroad who have a house it is prima casa and abitazione principale. The wording of the act of sale states that you can take prima casa agevolazione if you do not own, part own, have in use or usufrutto another property in the comune where you are applying for prima casa - (nor even a quota of another property in Italy, if that was bought using prima casa agevolazione) so yes garda you are right - I could rent a house in a comune and use it as my main residence and anagraphical residence, and then buy a house using prima casa agevolazione and not transfer my residence to that house, pay ICI and higher electricity bills - but I cant think of anyone who would do that. Or I could buy a house in one comune without the agevolazione and then buy a 'prima casa' house in another comune and transfer my residence to that comune to a third address - the possibilities are endless - but for the non Italians who buy one property which they live in, the legal minefield doesnt enter into the equation.
Garda I have to disagree - you cannot claim prima casa on a purchase if you're going to lilve in another house in teh same comune (unless the house is not habitable in which case no ICI is payable) . The prima casa agevolazione is for that property being used as a prima casa ie abitazione prinicpale - otherwise there would be no need to have it as your anagraphical residence within 18 months of the purchase. The act of purchase states that within 18 months you will take anagraphical residence in the property for which you are claiming agevolazione.We all know that Itlaians who have 3 houses intest one to the wife, one to the husband and one to the child to claim prima casa on the purchase and not pay ICI as abitaziione principale - you have to 'prove' the the police that you'live' there and that is it. It is your residence - anagraphical whether you choose to live there or not - but as far as the state is concerned it is your home. You can have residence in one place and domicile in another - another thing which most Itlaians do - having a holiday home as prima casa/residence and the domicile in Milan or wherever they happen to live and work - the thing to be aware of is that official post will always go to your legal residence - and the state is only responsible for sending it - if you never receive it - it's your problem
I took clients through the residency process a few weeks ago and the comune was happy to accept a RAS Allianz policy which cost 124 euros pa - it's teh chepaest that Ive found and fulfills the requirements for residency. I posted about it on another thread - if you visit the RAS allianz website I believe you can also buy it online.
Its very probably true.Dont ignore it! - if you have a bonfir and it gets out of hand, you will have a huge fine and have to pay the neighbours for damage caused. The forestale will also prosecute you. here in Sicily you have a legal obligation to clear your land of possible fire hazards, certainly in the summer - and if you decide to burn it you should only do it when it rains. Its not so much the fire, but the sparks and floating cinders that cause fires. If you have doubts call the forestale and ask them - they are generally very helpful as long as you dont start chopping down their trees.
To make things as clear as possible. If you claim prima casa when you buy - you must also make it your official residence (abitazione principale) within 18 months - so for the vast majority of foreigners buying in Italy they are one and same thingWhere you have your residence is the important thing with regards to ICI, Enel etc -