A simplified guide

29/05/2008
Overseas Living
If you're looking to buy in Italy, you can choose from medieval castles to stone farmhouses, from a pad on a sandy beach to apartments on the Grand Canal of Venice, all at a fraction of the price of UK homes. Kim Brown makes the Italian buying process a pisa-cake
The Italian property buying process is not as complicated as it may look. The main difference is that Italians do not use conveyancers and solicitors to do searches and draw up contracts. All searches and contracts are divided up between the notary and the estate agent. It is possible to cut out the estate agent and do the searches yourself, with a notary checking that the certificates you have gathered are correct.However, I would not advise this path for foreigners who are unfamiliar with the paperwork required and who do not speak the language. It is also handy to have the estate agents' services as mediator between buyer and seller, and you will be persuaded that the three percent fee they ask is worth it when they organise the tax codes, bank accounts, electricity and water supply. Some even organise your first ICI payments and certificates, not to mention give you valuable advice on local builders, doctors, plumbers plus tips about local traditions and customs - many good agents do all this and more. Unless you arrange to give a local person power of attorney to sign for you, an Italian deed of purchase requires your physical presence, as well as that of the vendor, on the day.
This also means that you should choose a notary that is in the area of the sale, because you, the estate agent and the vendor, will all have to meet there on the day of the purchase. Many purchasers of Italian property have fallen into the trap of failing to calculate the total payable amount. At the last moment, discovering that they can't cover all the costs, they have had to make some very difficult decisions.
The prices displayed in an Italian estate agent's window will simply be, as in the UK, the asking price for the property. However the overall cost of buying a property in Italy is around 15 percent of the property value: * Stamp duty and land registry tax - 10 percent of the purchase price for non-residents and four percent for those who are resident or who register themselves subsequently as residents, up to 18 months after the purchase. (If you pay four percent and then fail to become a resident 18 months later, you will pay the difference).
These taxes rise to 18 percent if you are buying land.
If you are buying a habitable dwelling, then you can ask to pay tax on the 'cadastral' value of the property, which is a fair bit lower than the actual purchase price. This is known as the doppio valore rule. * Notary's fee (2.5 percent of the declared price). * Estate agent's fee (three to four percent of the purchase price, plus VAT of 20 percent).
Estate agents
When you choose an estate agent, make sure they are a member of a registered body such as FIAIP (www.fiaip.it) or FIMAA (www.fimaa.it). This information should be visible somewhere in the office. Do not use an estate agent without visiting their office and viewing their setup - don't just arrange to meet in a car park somewhere. The Notary The notary's role is to check that the sale documents are correct, verify the identities of the people involved, oversee all transactions, update the land registry and calculate and collect tax on the sale.
The notary also carries out last-minute checks - even up to half an hour before the signing of the deed is due to take place - to make sure that the property being sold to you has not been the subject of an 'ipoteca'. If your seller suddenly incurs large debts with their bank, the bank can slap an 'ipoteca', a mortgage, on their property. If that 'ipoteca' is not paid by the vendor before the sale it will be sold along with the house, and you will be held responsible for paying that debt.
This last-minute search is essential - a friend of mine found out that a €20,000 ipoteca had been imposed on the property an hour before she was due to buy it. Having discovered in advance about the €20,000 debt, she was able to delay the sale and demand that the vendors pay off the debt, in her presence, at a meeting between the bank's representative, the vendor and her notary, before the deed was signed. Buying your house Once you have decided on a property you like, contact the agent about making an offer. Double check the fees and pricing and remember to factor in professional translation costs if needed.
The next step is to draw up your condizioni sospensive - the criteria under which you might be able to withdraw from the sale. For example, not being able to obtain finance on a mortgage or having a request for planning permission refused. You should discuss these clauses carefully with your agent at the time of making the offer. Don't forget to ask to see the "catastale'" plans - the plans of the property and its land. You need to be sure of the boundaries and rights of way across your land. The whole process, from making the offer to signing the final contract, usually takes three or four months.
The "compromesso" The estate agent will immediately draw up a preliminary contract, detailing what is being sold and the price that will be paid for it. There are two types of preliminary contract: a compromesso, where both parties are present at the signing or a proposta di acquisto, which can be sent to vendor and buyer by post and signed in succession. In this case, the buyer signs first and writes a cheque for the deposit, which only gets passed on to the vendor once the vendor has signed the contract.
Once the vendor signs the contract, the estate agent hands over the cheque. At this stage, if the vendor changes his or her mind on a whim, they will be legally obliged to pay you twice the value of the deposit. If you, the buyer, change your mind on a whim, you lose your deposit. New rules require the estate agent to officially register the preliminary contract within a month of signing, and the cost of registering will be passed on to you, the client, though it does not cost very much. The price is judged according to the number of lines of text. Part of the cost of registering the preliminary contract will be discounted from the final taxes to pay upon signing the deed of purchase.
Searches and surveys
Once the compromesso is signed and the deposit paid, you will need to transfer your money into Euros. Then the searches on the property begin - including ownership, land boundaries and rights of way. Surveys are not common practice in Italy. Having said that, if you do wish to obtain a survey, you can ask your agent to recommend a surveyor, called a geometra, or even a local builder, to have a look and give you their opinion.
The final signing
Before signing the final Deed of Purchase, you will need to have an Italian bank account and an Italian tax code known as a 'codice fiscale'. Your estate agent will help you with both of these.
The final contract of sale, known as the 'rogito' is signed in person in the notary's office, with buyers, vendors and estate agent all present. Once signed, all that is left is to pay the taxes and the notary's fees, which is done before leaving the notary's office. Within the next three days, the notary will undertake to register the contract of sale and you will receive your official copy soon after that. Useful information Kim Brown is co-author of the Italy Buying Guide, an educational guide providing information on what to do before, during and after you purchase a property in Italy. Full of case studies, examples, tips, tools and resources - it's a must read for anyone thinking of buying in Italy!
For further information, visit www.italybuyingguide.com.
To get a free copy of the Italy Buying Guide, please go to: www.ItalyBuyingGuide.com/freeguide.htm or visit www.ItalyBuyingGuide.com
Tel: 0845 01178771
