The real estate agency 'Nuova Casa' was opened in 2010 by its administrator Francesco Niola who, after having worked for years in a number of real estate franchising companies, developed an autonomous brand aimed at operating throughout the region. This was also possible thanks to customers who showed great appreciation for the professionalism of the entire staff.
- Property registration: a compulsory step... but simple, if you know who to trust
If you have built a new property or made major alterations, you are obliged to notify the Provincial Land Registry Office.
This procedure, called stackingis carried out through the computer system DOCFA (DOCland registry FAbricks).
A crucial step to be in compliance, but one that can become quick and easy if handled by experienced professionals.
- Cadastral variations and changes: when updating is a must
Have you inherited a property? Have you purchased a house? Have you changed the use of a building?
In all these cases - and not only in these cases - it is necessary to update the cadastral data.
For example, in the case of a purchase or succession, you have 30 days after registration of the deed to present the cadastral registrationor the official transfer of ownership or other real rights.
The voltura may be filed:
directly by the owner or heirs,
or automatically by the notary through the 'automatic transfer from transcription note' procedure.
- Property changes: when action is needed
Have you changed the square footage, interior layout or intended use of your property?
In these cases we speak of cadastral variations. It is mandatory to communicate them in order to correctly update the type and consistency of the property in the land register.
Thanks to technology, both land registry changes and registrations can be submitted in digital formatallowing rapid and traceable updates.
In conclusion: safety, regularity, serenity
Dealing with land registry paperwork is not just an obligation: it is an essential step to protect the value of your property and ensure peace of mind in any future operations.
Do you need help with land registries, title deeds or cadastral variations? Rely on usWe guide you step by step, without stress and with the certainty of being in order.
On many occasions, a step that precedes the deed is that of the preliminary contract (the so-called 'compromesso'). This is essentially an agreement between the seller and the buyer whereby they mutually obligate each other to enter into a subsequent, final purchase contract.
The transfer of title to the real estate will only occur with the signature of the latter.
As a rule, a preliminary contract is concluded when immediate sale is not possible: why?
for example, the buyer is seeking financing (a mortgage) or the seller is waiting for a new house to be delivered. The reason for concluding the preliminary contract is precisely to legally bind the parties during the time it takes to resolve these issues. The preliminary contract of sale must be registered within twenty days of signing.
Registration is due:
registration tax of EUR 200, irrespective of the purchase price stamp duty of EUR 16 for every 4 sides and in any case for every 100 lines.
TAX AND HOME: BUYING AND SELLING
If the preliminary agreement is concluded by notarial deed, the registration is performed by the notary within
thirty days.
When the contract provides for a payment, the proportional registration tax is due: 0.50% on the sums provided for by way of deposit, 3% of the sums provided for by way of down payment on the sale price. In these cases, the tax due for the registration of the final contract will then be
deducted from the amount paid on the preliminary agreement. If there is no express qualification for the sums paid on the conclusion of the preliminary contract, or if the intention of the parties as to their nature is doubtful, the sums are to be regarded as down payments.
CONTRACT SUBJECT TO VAT
Even when the transfer is subject to VAT, the tax treatment of the preliminary will be
different depending on whether it provides for the payment of a sum as a down payment or as a deposit
confirmatory payment. The payment of an advance, representing the anticipation of the agreed consideration, shall be
invoiced with tax charged. In this case, registration tax will be due in the amount of
fixed (200 euro).
The down payment, even if provided for in a specific contractual clause, does not
constitutes the consideration for the provision of services or the supply of goods.
The same is not, therefore, subject to VAT and proportional registration tax will have to be paid.
TRANSCRIPTION OF THE PRELIMINARY CONTRACT
As mentioned above, the conclusion of the preliminary only creates a legal obligation between the seller and
purchaser, without resulting in the transfer of ownership.
Therefore, it could happen that, despite the 'compromise', the seller still sells
property to another person, constitutes rights in rem of enjoyment over it (
e.g. a usufruct) or register a mortgage.
In such cases, the buyer may only ask the court for damages, not also
the cancellation of the sale or registration of the mortgage.
To avoid such a situation, the law provides the instrument
of the transcription of the preliminary in the land registers.
Thus, any sales of the same property or the establishment of other rights in favour of
third persons shall not prejudice the rights of the buyer.
The transcription of the preliminary agreement requires the intervention of a notary public. In this case,
to the registration tax and stamp duty is added the payment of tax
mortgage of EUR 200 and mortgage taxes.
New Energy Performance Certificate in force since 1 October 2015.
DO YOU HAVE TO SELL OR RENT YOUR HOUSE?
A.P.E. Energy Performance Certificate required.
Contact us now to get your certificate!
As of 1 October 2015, the new energy performance certificate (APE) came into force.
Here is a summary of the main novelties, which affect both property owners and professionals in charge of issuing the certificate.
The new APE encompasses all the energy characteristics of the building and becomes a kind of 'energy plaque' of the building.
How does the evaluation of energy efficiency change?
- The energy classes are 10 and no longer 7 and are indicated by letters ranging from A to G; the first four levels will all be in class A (from A4, highest efficiency, to A1).
- In addition to the energy class based on the overall non-renewable energy performance index, the winter and summer energy performance of the envelope net of the performance of the systems present will also be indicated.
What will be assessed for the purpose of issuing the APE?
The evaluation takes the following aspects into account:
- the energy requirement for winter air conditioning;
- the production of domestic hot water;
- the quality of the building's masonry (building envelope);
- summer air-conditioning;
- for buildings for non-residential use, artificial lighting and the transport of persons or goods.
Who applies for the APE and who issues it?
- The obligation to apply for an energy performance certificate is the responsibility of the owner or, in the case of new construction, renovation or major refurbishment, of the builder.
- The professional called upon to issue the energy performance certificate must meet all the requirements set out in Presidential Decree 75/2015, must be nationally accredited and is obliged to carry out a physical inspection of the building.
What is the duration of the EPA?
- The energy performance certificate is valid for ten years, unless the building has undergone renovation or redevelopment that has changed its energy performance. In the latter case, the certificate must be reissued.
What are the sanctions?
- If an untruthful certificate is issued, the professional is liable to an administrative penalty of between EUR 700.00 and EUR 4,200.00.
- In the event of non-compliance on the part of the owner or builder, the applicable sanction ranges from EUR 3,000.00 to EUR 18,000.00.
- If the certificate is missing, in the case of a sale or lease, the penalty applied is:
- for the owner, from 3,000.00 to 18,000.00 euro
- for the seller, from 300.00 to 1,800.00 euro
"Nuda Propriété" is a case of private ownership to which is not accompanied by a right in rem to enjoyment of the property to which it relates.
Typically refers to a property of which one acquires the ownership but not the right of Usufruct'.
"The usufruct is a minor right in rem of enjoyment of another person's property consisting in the right of the usufructuary to enjoy a property owned by the bare owner and to collect its fruits, but with the obligation to respect its economic purpose.
The right of usufruct is always temporary; it cannot last beyond the life of the usufructuary."
The bare ownership is the value of the property less the usufruct.
The sale of bare ownership means selling your property, but keeping for yourself the right to live in it for life.
The owner who decides to sell the bare ownership reserves the right to live in and enjoy the property for life, immediately collecting a capital sum that he can manage as he sees fit.
Upon sale of the bare ownership the person who was previously an owner becomes a Usufructuary with obligations and rights:
Possibility of renting out the property while still enjoying the income;
Possibility of selling the usufruct within the limits imposed by the sale of bare ownership:
The usufructuary shall bear all ordinary expenses and all taxes relating to the enjoyment of the property.
The usufructuary is obliged not to change the use of the property and to maintain the property in good condition, without damaging or modifying it without the bare owner's knowledge.
A bare owner is one who has the right of ownership over a property, but not the right to enjoy its use:
It is entitled to sell the bare ownership:
Buy the asset at a preferential price according to the age of the usufructuary;
He is obliged to pay all extraordinary expenses relating to the property;
He may only fully enjoy the property after the death of the usufructuary.
Article 1385 of the Civil Code defines a security deposit as a sum of money or quantity of fungible things paid as security and in connection with a contractual performance.
ART. 1385 "If at the time of the conclusion of the contract one party gives the other, by way of a deposit, a sum of money or a quantity of other fungible things, the deposit shall, in case of performance, be returned or set off against the performance due. "If the party who gave the deposit is in default, the other party may withdraw from the contract, retaining the deposit; if the party who received the deposit is in default, the other party may withdraw from the contract and claim double the amount paid"..
In this regard, it should be noted that the Property purchase proposalaccepted by all parties, becomes for all legal purposes a Preliminary Sale Agreement and the Confirmatory Deposit thus takes on its legal value.
The Confirmatory Deposit is not represented by standard figures; it is usually highlighted in the 15/20% of the price agreed upon by the parties, at the negotiation stage.
Fiscal Aspect:
The Confirmatory Deposit is taxed at 0.5% at the relevant tax office, in addition to fixed charges and stamps, which are compulsory for the validity of the registration of the preliminary.
This amount is consecutively deducted from the registration taxes on the final Deed of Sale.
The certificate of fitness, provided for by theArticle 24 of the Testo Unico dell'Edilizia (DPR 380/2001) "certifies the existence of the conditions of safety, hygiene, healthiness and energy saving of the buildings and of the systems installed in them, assessed in accordance with the regulations in force'.
But what is the procedure for obtaining the document? Who issues it and what attachments must be submitted with the application to obtain the certificate of fitness?
The certificate of fitness is issued by the manager or head of the competent municipal office with reference to the following interventions: - new constructions; - total or partial reconstructions or elevations; - work on existing buildings that may affect the safety, hygiene, health and energy-saving conditions of buildings and the systems installed in them.
A copy of the declaration submitted for registration in the Land Registry, drawn up in accordance with the provisions of Article 6 of Royal Decree-Law No. 652 of 13 April 1939, must be attached to the application for the issue of the certificate of agibility.
The certificate of fitness can also be applied for: a) for individual buildings or individual portions of the construction, provided that they are functionally autonomous, if the primary urbanisation works relating to the entire construction project have been completed and tested, and the related structural parts have been completed and tested, and the installations relating to the common parts have been tested and certified; b) for individual building units, provided that the related structural works are completed and tested, the installations are certified and the common parts and primary urbanisation works declared functional with respect to the building subject to partial agibility are completed.
The documentation to be attached to the application is prescribed in Article 25 of Presidential Decree 380/2001, which is reproduced in full.
The property purchase proposal is the tool, mainly used by real estate agencies, that allows real estate negotiations to be brought to a successful conclusion while protecting all parties.
The proposal contains:
- The personal data of the proposing party;
- The description and identification of the proposed property;
- Offered purchase price and payment terms;
- Effectiveness of the purchase proposal, i.e. the time during which the proposal is irrevocable;
- Delivery of the property in case the proposal is accepted by the selling party;
- Information on the notarial deed, timing and notary chosen to draw up the final deed (the notary is chosen by the purchasing party);
- Acceptance of the proposal;
- Mediation fee, part of the agreed commission in case the negotiation is successful.
The proposal is formalised by means of a pre-printed form filed with the Chamber of Commerce.
Agenzia-Immobiliare-Proposta-di-acquisto-Compravendita-Cagliari-1-205×300.jpg ¬ Agenzia-Immobiliare-Proposta-di-acquisto-Compravendita-Cagliari-2-209×300.jpg ¬
It is appropriate to enclose:
- A deposit slip, usually a bank, postal or bank draft made payable to the seller. The cheque is held in trust by the real estate agent until the proposing party has knowledge of the acceptance of the proposal.
- Should the proposal be rejected and the parties fail to reach a fruitful agreement, the real estate agent is obliged to return the title.
- Any annexes containing suspensive clauses, which allow the proposing party to protect itself with regard to the obtaining of documentation or the request for financing in the form of a mortgage loan.
When the proposal is formalised, it is presented to the selling party, who has three options:
- Accept the offer;
- Make a counter-offer;
- Reject the offer.
Da-inserire-1-Custom-300×225.jpg ¬
In the first case the selling party will sign the form for acceptance, which acceptance will be communicated to the offering party.
Once acceptance has been communicated, the proposal shall have binding effect on both parties, who shall become: Selling Promisor and Purchasing Promisor.
At this point the proposal will become a 'Promise to Purchase' and the owner will be able to cash the enclosed cheque at the formalisation stage, unless otherwise agreed between the parties.
Da-inserire-2-Custom-300×225.jpg ¬
This procedure is called 'accatastamento' and is carried out by means of the DOCFA (Documenti Catasto Fabbricati) computerised procedure in which the taxpayer himself, with the help of a qualified professional technician, proposes the cadastral annuity.
If the Revenue Agency rectifies the proposed or already attributed cadastral annuity, it is obliged to notify the interested party of the new cadastral annuity against which, within 60 days, an appeal may be filed with the competent Tax Commission.
taxes-home-670×274-1.jpg ¬
Land registry changes and registrations
When a deed of transfer of rights in rem in immovable property is to be registered or a declaration of inheritance is to be filed, an application for cadastral transfer must be submitted within 30 days of registration of the deed.
The application for cadastral transfer enables the registration of land registry deeds and the transfer of ownership or other real rights. This obligation can be discharged by notaries by applying for 'automatic transfer by transcription note', whereby the updating of land registry deeds is carried out directly with the help of the data submitted for transcription at the registrar's office.
In the case of cadastral variations of an objective nature, i.e. those that have permanently affected the type, consistency or intended use of the property, the interested parties are required to submit a special application to the office of the Agency.
Both changes and land registry changes can be submitted on a magnetic medium, thus enabling the immediate updating of the deeds.
Each building registered in the Land Register is assigned a cadastral category, i.e. a type, which is the basis for determining the cadastral income.
Below are the most frequently used categories in the context of buying and selling:
CATEGORY 'A
A/1 - High-class dwellings
A/2 - Civil dwellings
A/3 - Economic housing
A/4 - Social housing
A/5 - Ultra-popular housing
A/6 - Rural dwellings
A/7 - Dwellings in cottages
A/8 - Dwellings in villas
A/9 - Castles, palaces of outstanding artistic or historical value
A/10 - Offices and private offices
A/11 - Dwellings and accommodation typical of the area
CATEGORY 'B
B/1 - Boarding schools, boarding schools; shelters; orphanages; hospices; convents; seminaries; barracks
B/2 - Nursing homes and hospitals (non-profit)
B/3 - Prisons and reformatories
B/4 - Public Offices
B/5 - Schools and science laboratories
B/6 - Libraries, picture galleries, museums, galleries, academies not located in buildings in category A/9
B/7 - Chapels and oratories not intended for public worship
B/8 - Underground warehouses for food storage
CATEGORY 'C
C/1 - Shops and workshops
C/2 - Warehouses and storage rooms
C/3 - Workshops for arts and crafts
C/4 - Buildings and premises for sporting activities (non-profit)
C/5 - Bathing and curative water establishments (non-profit)
C/6 - Stables, stables, sheds, garages (non-profit)
C/7 - Closed or open canopies
CATEGORY 'D
D/1 - Factories
D/2 - Hotels and pensions (for profit)
D/3 - Theatres, cinemas, concert and performance halls and the like (for profit)
D/4 - Nursing homes and hospitals (profit-making)
D/5 - Credit, exchange and insurance institution (for profit)
D/6 - Buildings and premises for sporting activities (for profit)
D/7 - Buildings constructed or adapted for the special needs of an industrial activity and not susceptible to different use without radical transformation.
D/8 - Buildings constructed or adapted for the special needs of a commercial activity and not susceptible of being put to a different use without radical transformation.
D/9 - Floating or suspended buildings secured to fixed points on the ground, private bridges subject to tolls.
D/10 - Buildings for productive functions related to agricultural activities.
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