At Mortelliti Law Firm, we specialize in matters related to real estate and inheritance in Italy specifically in Calabria. It’s always beneficial to seek legal advice before signing any property-related documents to ensure you are well-informed and protected on the issues that are exemplified below.
The Importance of Legal Counsel: We often come across individuals who have faced complications due to the lack of legal advice on cadastral and zoning compliance during their acquisition of property in Italy. It’s not uncommon to discover post-purchase that the property is partially or wholly unauthorized.
Cadastral Compliance (Legittimità Catastale): This concept is pivotal and refers to the congruence between a property’s actual condition and its registration in the Italian Cadastre. It’s crucial to note that this does not pertain to zoning relevance. The Italian tax authorities are responsible for cadastral services, but entries in the Cadastre do not authenticate ownership or assure compliance with zoning laws.
Zoning Compliance (Legittimità Urbanistica): Since July 2010, it’s imperative for sale deeds to validate a property’s conformity to zoning and cadastral regulations. It’s obligatory to enumerate the various permits acquired for the construction, expansion, or alteration of a property in the deed of sale. For properties erected before 1st September 1967, exemptions might be applicable, but any alterations post this date must be documented in the deed of sale.
The Impact of Discrepancies: Cadastral and zoning discrepancies can have a profound impact on the future value and salability of your Italian property. Undertaking due diligence in relation to Cadastral and Zoning compliance is paramount when purchasing real estate in Italy. This ensures the legality of your property, preventing future distress, monetary loss, and inconvenience.
Applicability of Compliance: Maintaining the legality of your Italian property is essential not only during transactions but also when obtaining a mortgage, planning refurbishments, applying for tax reliefs and subsidies, and orchestrating inheritance and asset distribution.
Penalties and Professional Costs: The initial penalty for seemingly insignificant violations starts at Euro 1,000, which is in addition to the professional charges incurred to amend the discrepancies.