- 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.
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.
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