Buying a Property in Abruzzo
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Buying a Property in Abruzzo
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| Buying Proceedure |
To take the house off the market you need to leave a deposit of Euro 1000 with the agency to show you are serious. It will stop the agency from marketing the property but does not legally bind the seller to sell and the buyer to buy.
Should the seller pull out or the sale does not go ahead for no fault of the buyer, the Euro 1000 deposit is returned.
You may wish a survey and we can recomend a professional, registered and independant surveyor who speaks English.
You will need to organise a tax or fiscal code and an Italian Bank Account before you can proceed.
A preliminary contract - compromesso is drawn up. Both the buyer and seller sign the contract which it is legally binding, the buyer has to buy and the seller has to sell. Money exchanges hands via a bank transfer or wire. Any terms can be added as long as the other party agrees to them, this can include payment terms, pre-sale maintenance etc.
Documents are collected and analysed by the Notare and the Notare confirms they are correct and legal. If the documents are accepted by the Notare then they are explained to the buyer.
A date is set for the final signing which is agreed by all parties.
Both the seller and buyer meet with the Notare and translators, the deeds are signed and a bankers draft given to the seller.The house is yours!
| Parties involved |
Geometra used to organise documents for a sale, paid for buy the seller.
Surveyor important service for your peace of mind, you will understand more about your house. The more work the house needs, the more important a survey.
International Lawyers useful for your peace of mind but unlikely to be of real importance. The laws are very tight in Italy and Notares highly controlled.
Notare working on the buyers behalf to make sure that the tight Italian property laws are respected. Highly regulated and controlled. Often do not speak English.
Translator working on the buyers behalf and important for the clear understanding of the procedure and for asking questions you may have.
Sellers They have the key and need to be present to sign documents unless they have left a power of attorney or proxy.
Buyers Need to study the map, plans of the house and grid reference numbers. Ask questions if there are any doubts.
| Legal documents |
Ufficio Catastale - Property Registery Office keeps records of all houses, their size, layout, outbuildings and land.
Foglio - Sheet areas within a commune are given a number to locate property and roads.
Particella - Grid reference both houses and parcels of land have a number which is unique only to that sheet. Note that one house can have various numbers.
Identifying a house a house can only be legally identified via the sheet and grid reference numbers. The postal service use the street address and number.
Ownership registration Visure show who owns which grid references(properties). The seller of a house is identified through his unique fiscal or tax code - codice fiscale. Le Visure are useful to determine how many people own a particular property and if they are all mentioned in the selling documentation. A property cannot be sold if all sellers do not sign.
Debt registration Visura Ipotecaria shows what debt is allocated to a grid reference (property). Debt is allocated to assets not people. A property can only be sold free of all debt (unless there is an explicit agreement which is then written in the deeds) so any debt needs to be cancelled on or before the day of the signing. Therefor the Notare cannot let you buy a property with debt on it unless there is a specific written agreement. The Notare must be informed of and agree to any changes to the debt allocated to that property. The bank or issuer of the debt must agree in writing.
Registry Map Mappa Catastale identifies sheet areas, grid references and roads. You need to see one to identify your house and the grid reference given.
Plans of the house la piantina catastale is the current layout and dimensions of the inside of the house. You cannot buy a property without one. It will refer to the grid reference you are buying.
Proxy or Power of Attourney una Procura can be used to pass legal responsibility of any party to another person. The Notare should write the Procura to guarantee its acceptance. A seller can leave a Procura so he does not need to be present at the signing. It is a fascinating process to buy a house so you should be present. A Procura should be left only if it is very difficult for one party to be present. Be aware of anybody trying to pursuade you to leave a Procura for unclear reasons.
PAI the whole of Italy has been analysed via photographs taken from the air and a map has been created. This information is used to understand the risk of land slides. This is very important if you wish to make structural changes to the house, for example, building a new house, an extension, changing the external look of the property. If your house is on a red or yellow area you cannot build or extend your house.
Planning permission One commune is different to another, and even one commune engineer can make a big difference to what is allowed. There are two types of plans, a SCIA (old name DIA) and Full Planning Permission. A Full permission is required when you need to change the footprint of the house (for example new buildings, extensions, new external windows and doors). Building regulations are very strict and the owner is personally responsible. A SCIA is required for ordinary maintenance of a property.
CDU Certificato di Destinazione Urbanistico; explains what you can and cannot do on a peice of land. The CDU is not used for a grid reference with a house and land on it, like a house with a garden as one grid reference number.
| Costs involved in purchase and ownership |
It is quiet inexpensive to own a holiday home in Abruzzo. There are fixed expenses for utilities and then there is rubbish collection and council tax (ICI). Insurance is a consideration and not common in Abruzzo.
| Questions and Answers |
What do I need to bring to the Notare when I buy a house? You need a passport, certificate or plastic card of your Codice Fiscale, banker's draft for the payment written out to the seller(s) and a procura if somebody cannot come to buy the property (husband or wife for example)
Is it safe to buy a house in Abruzzo? Yes, very. Italian property laws are very strict and tight. The Notare will act on your behalf to uphold these laws and protect your rights. Be organised, get everything in writing and use a consultant if you have doubts (lawyer, Geometra of your choosing or independant agent).
Do I need a survey? No but it would be money well spent. Apart from the peace of mind over the problems the property may have, you have an independant person to ask questions to and look over some of the paperwork. Make sure he is qualified and independant.
How can I tell if the property I want to buy is at the right price? Look around and keep good records. Areas are priced differently, so once you have found the property of your dreams view other properties of a similar budget near-by.
Who can I speak to for advice? The best advice comes from people who have a lot of experience and nothing to gain. Neighbours may want you to buy another property for example. Ask professionals for their services and pay them after they have given it to you in writing.
Last updated in February 2011. Connect2 is not responsible for any damage or loss that the above details may cause.