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FAQs



What is the procedure for buying in Italy?
For full information on the buying process see - Buying Process

What is a notary?
A notary is a qualified lawyer who is employed by the Italian government. It is a notary who conducts the legal transfer of a property from vendor to buyer, and prepares the deed of sale, checks there are no charges on the property, title issues and with the assistance of a technician such as a geometra or architect, checks the property conforms to all planning issues.

It is always the buyer and not the vendor who pays the purchase taxes due and who pays the notary fees also. This means that it is up to the buyer which notary is used. In practice it is usually one of the local notaries and we can recommend which one to use and which one is cheapest, as notary prices do vary.

We provide a detailed list of all fees and taxes (including the notary’s quote) before you sign any contracts.

Translator – if you do not speak fluent, enough to understand detailed legal contracts, you will need to have a translator at the notary deed. Your agent or the notary will usually arrange this so you don’t need to worry about it. The cost varies but is often 200-300 euros. This can sometimes be shared with the vendor if they are also non fluent in Italian.

What taxes are payable for a property purchase in Italy?
This depends on two things.
A. Are you buying as a resident or a non resident?
B. Are you buying from private individuals or from a company?

If you are buying from private individuals, then the taxes you pay are based on the cadastral value – a nominal value which each property has – nothing to do with the market value.

Example 1:
House price agreed €100,000.
Property belongs to private sellers.
Cadastral value of the property €32,000.

Let’s say you intend buying the house as a non resident (.ie. you do not intend moving to Italy permanently and applying for residency).
Taxes payable are 10% on cadastral value €32,000 so €3,200 plus a few smaller fixed taxes.

Or, if you intend moving to live in the house permanently, applying for Italian residency, then as long as you don’t already own another property in Italy,
Taxes payable are 3% on cadastral value €32,000 so €960 plus a few smaller fixed taxes.

Please note, you could buy the house as a resident and pay the lower rate of tax if you intend moving then and obtaining residency within the next 18 months. Don’t be tempted to do this unless you are definitely sure you will become a resident. If you then do not, you need to pay the difference in taxes plus a penalty of around 30%.

If there is land with the property, then 18% is payable on the value attributed to the land.

Example 2:
House price €100,000
Property is being sold by a company
Cadastral value of the property is €32,000

Let’s say you intend buying the house as a non resident (i.e. you do not intend moving to Italy permanently and applying for residency).
Taxes payable are 10% VAT on full market price €100,000 so €10,000 plus a few smaller fixed taxes.

Or, if you intend moving to live in the house permanently, applying for Italian residency, then as long as you don’t already own another property in Italy,
Taxes payable are 4% VAT on €100,000 so €4,000 plus a few smaller fixed taxes.

What annual costs are there? How should I pay them?
Local council tax – IMU (needs to be paid twice a year at the post office - no bill is sent.)

Refuse tax

In some areas, mountain community tax

If you buy a property which is part of a condominium, e.g. with shared pool and grounds, lighting etc, then there will be annual condominium fees to pay which usually range from about €200 to €1000/year unless it is a particularly luxurious property with many amenities in which case costs could be higher.

Utilities

Do I need an Italian bank account?
You don’t really need an Italian bank account for buying a property in Italy any more as money is usually sent by bank transfer.
You could of course open an account to handle bills but bear in mind that some utilities companies refuse to arrange direct debits for non resident accounts, and some bills cannot be paid by direct debit.
You could always pay your bills online or if you have a property manager then send them the funds for settling all the bills.
If you do intend opening an Italian bank account, bear in mind that Italian bank charges are high . Usually there is a monthly fee to pay, plus charges for receiving money, paying bills, sending statements, etc etc.

Internet
If you need the internet at your Italian property and the area you are in is not connected to ADSL, then there is good old dial-up or these days many people use internet keys/dongles which plug in to your laptop usb and connect to the internet via 3G. This should work well anywhere where there is a mobile signal.

How long does it take to buy a property in Italy?
It depends on the situation of the buyer and seller. If the buyer is ready to go and the house is vacant, about 6 – 8 weeks is usual. Quite often paperwork has to be prepared, registrations or plans updated, occasionally there are planning issues sorted out, and this means it can take longer. It also depends on whether you are coming in person or arranging power of attorney, as this takes a bit longer to arrange too. If the property is vacant, and all paperwork is up-to-date it is possible to buy immediately, as soon as we can make an appointment with the notary.

What if I find a house I love and don’t want to lose it?
In Italy it is possible to sign a purchase agreement (a ‘Proposta Irrevocabile d’Acquisto’) which reserves the property for you for usually about a month maximum until you sign the compromesso (preliminary contract). A deposit is required (usually 2000 euros or equivalent) which is held by the agency and returned to you at compromesso. If you change your mind about buying you would lose your deposit, but you are protected against any legal or planning issues should they arise.

Can I find a large habitable farmhouse to restore in good structural condition with original features, lots of land, outbuildings, views, possibility of income, all services connected, private but not isolated, within walking distance of a village, less than an hour to the airport etc for a very low price?
Of course everyone wants this sort of property! It’s important to be realistic about prices. Have a good look at our website to get a feel for prices. You can of course find properties for low prices, but that doesn’t mean you’ll find a habitable, large building with scope for development for 50,000 euros. If you have a low budget, consider a village house, apartment or restoration to carry out over time. Remember Tuscany is expensive in most areas, sought after, and rustic properties to restore are becoming scarcer and scarcer.

Are the advertised prices negotiable?
As anywhere else, some are, some aren’t. It depends on the owners and how quickly they would like to sell, and how long it’s been on the market etc. In general, the lower the price the less negotiable it is.

Can you help me arrange a mortgage?
Yes, we can recommend banks/companies which specialise in Italian mortgages. You can usually borrow a minimum of €50,000 and a maximum of 60-70% LTV. See this page of the website

Can I have a survey done?
It is true most Italians don’t have a survey done, but of course you can. The cost is usually €500 + Vat, and we’ll provide a summary in English. If you buy an apartment which has been completely restored by a company the Italian Civil Code requires that company to guarantee the property from all defects for 10 years (Similar to the NHBC in the UK) so a survey isn’t really necessary.

How much will a restoration cost?
A ball-park figure is 1200 euros per square metre for a total restoration including connection to services, new roof, floors, new electrics, plumbing, heating, windows, doors, etc
So a 250m2 building will cost in the region of 300,000 euros for a complete restoration, although there are economies of scale for larger projects.
If you choose to use very expensive materials, and install jacuzzis, under-floor heating and other expensive items the cost will obviously be higher. About two thirds of the cost of restoration is labour.

I am very handy. Can I carry out the works myself?
We’d recommend leaving the structural work such as roofs to the specialists, who know how Italian houses are constructed, and it’s important that electrics and plumbing are certified. You can certainly carry out works such plastering, tiling, decorating etc yourself to save money if you have the know-how.

I like one of your barns but there’s no planning permission in place. You say I can convert it into a house but how do I know I’ll get planning permission?
Each area has different planning regulations. We can check with each individual council to ascertain what can and can’t be done, whether the building can be extended etc.

I like the look of one of your village houses. But as there’s no garden, can I create a roof terrace?
Extremely unlikely. Old village houses are strictly protected from the planning point of view and external modifications are not usually allowed.

What is a geometra?
There’s no real equivalent of a geometra. He is like a surveyor and project manager and in general prepares all paperwork for property sales, improvements, planning applications etc. A vendor will have a geometra who will make sure all paperwork is up-to-date and in order for the sale. We also recommend you have a geometra represent you in the sale, to check all aspects of the paperwork and will recommend one. You can choose your own if you prefer.

Do you organise viewing trips?
For some properties, the developers will organise viewing trips, but in general no, as most people prefer to be independent, staying for a few days or weeks, hiring a car, exploring the area etc. We can certainly organise appointments to view properties with various agents but do not actually arrange travel, apart from advising on flights, trains, car hire etc if requested.

I want to buy in an expensive part of Tuscany. Will I find a detached house with land for 200,000 euros near San Gimignano?
No. Consider buying an apartment instead, or a cheaper area, such as north of Lucca.

I have a very low budget and would like to buy on the coast.
The coast is very expensive, as are cities. If you have a very low budget, look at rural areas. In general the further a property is from work, city, town, transport links etc, the lower the price.

Why do you sell what look like ‘piles of stones’?!
A ‘pile of stones’ can be a great investment. The purchase price of a ruin is low but you are not buying it for its current condition, you are buying the footprint, land, location, views, etc and most importantly the VOLUME of the building which you can rebuild and in some cases extend. In most areas of Tuscany it’s extremely difficult to get planning permission for a new building but by buying a ruin, you automatically have the volume of a house, even if it means building that house. Of course, you can retain some original features if there are any left, and re-use the stone. It can be one of the best ways to invest, and means you can create the house to your own specifications.

I want to make a large investment/start a company/ buy one of your commercial properties etc. I don’t speak the language. How do I find out about taxes/legalities etc?
We can put you in touch with bilingual business advisers/accountants with offices in London and Italy.

I’ve heard I can save money on the exchange rate when I send funds to Italy. How?
Yes, you certainly can. We have worked with currency dealership Cornhill FX for 10 years and they guarantee our clients the best possible exchange rate, far better than banks, which can save you a great deal of money. (Contact Dominic Baldwin on 00 44 (0)20 7710 9610, email dominicb@cornhillfx.com

What about insurance?
You have two choices – an Italian company or a foreign company which specialises in holiday property insurance. Italian companies tend to be cheaper but don’t cover earthquakes and in some instances contents if the property is going to be empty a lot of the time. In the UK you can try Intasure or Devon Direct. All the paperwork is in English, and cover includes flights to Italy to sort out any problems, while the Italy policy is cheaper but governed by Italian law, and the paperwork is all in Italian.

I’ve heard lots of horror stories about buying in Italy. Is it risky?
We are happy to report, we have never experienced any ‘horror stories’ as we want all our clients to be happy, for their own sake and ours! We work only with professionals, who although they work with us must remain independent and have professional standards to maintain. If any house we offer for sale turns out to have any problems which cannot be resolved we would of course inform you, as we would not want you to buy it. Your geometra will discover any problems associated with the house, and of course the notary cannot conduct the sale if there are unresolved legal or planning issues. Please see this section of the website for comments and testimonials from previous clients -
Comments and Testimonials

Can I always extend?
No. It depends on the planning regulations for each area. We can find out for you.

Can you help me with restoration if I buy through someone else?
Yes, although not in all areas of Tuscany.

Why do I need an agent?
Agents such as ourselves are very different to most estate agents. We don’t just find you a house and walk away, we do everything necessary to assist you through the purchase and beyond, including checking the paperwork for the house, drawing up the contracts, translating them, arranging the compromesso and notary contract, giving advice on restorations and any other matters post-sale, and helping you find the right people to assist you.
Please read our Terms and Conditions

Why do house prices in Tuscany vary so much?
Tuscany is a very large region so of course prices will vary. From city to coast to mountains to rural areas, then there are more popular areas, more isolated areas. The house price depends on location but also on many other factors of course such as condition, original features, garden/land, views etc.

I want to buy an apartment but it’s not finished/built yet.
Usually you sign the compromesso now, and either the balance on completion, or quite often pay instalments at various stages of the building works and the balance on completion.

I want to buy a house that’s been rented, or a commercial property. Why won’t you give me full details of turnover/profit etc so I can judge if it’s viable?
Understandably, owners of rental properties, hotels, restaurants, agriturismi etc do not wish their full financial details passed on. We will do our best to obtain an idea of rental amounts / occupancy / turnover but really until you have viewed the property and met the owners it is unlikely they will allow us to pass on this information to you.

How much does a swimming pool cost?
See the swimming pool page

What’s the best airport for Tuscany?
Pisa, although you can also fly to Florence. Slightly further are Bologna or Bologna Forli airports, Genoa, Ancona. See this page for airport details - Flight information

Can I view on a Sunday?
For some properties you can but in certain areas agents work long hours throughout the week and need a day off in order to perform well the rest of the week, see their families etc. Saturdays are usually very busy so it’s best to come in the week. Flights are also usually cheaper Monday – Thursday.

Can I just turn up to meet someone in Italy and go and see some houses?
No. We need to book your appointments in advance so that a) we can fit you in, b) agents sometimes need to travel quite a way themselves, c) sometimes owners/keyholders need to also be forewarned of a visit. Tel 00 44 (0)1223 360523 to arrange viewings.

What taxes are payable on rental income?

Any rental income produced from a property in Italy must be declared in Italy and tax paid on it. You will then need to declare the income again in your domestic tax return, along with the tax paid in Italy. Under the terms of the relevant Double Tax Treaty you will generally receive credit for the tax paid overseas so that you do not pay tax on the same income twice.

The current rates of IRPEF are as follows:

from 0 to 15,000 euro: 23% (first tax band)
from 15,001 to 28,000 euro: 27% on excess of first tax band
from 28,001 to 55,000 euro: 38% on excess of second tax band
from 55,001 to 75,000 euro: 41% on excess of third tax band
from 75,001 euro: 43% on excess of fourth tax band

Obviously these rates are payable on profit, not gross rental income. However the rules on deductibles are much less generous than they are, for example, in the UK.

For advice about paying these taxes you can contact

Studio Del Gaizo Picchioni
Website
Italy:
Via Marradi 30 - 57126 Livorno (LI)
Telephone: +39 0586 800599
Fax: +39 0586 261363
Email: delgaizo@studiodelgaizopicchioni.it
United Kingdom:
11 Town Furlong, Bodicote, Banbury, OX15 4DP
Telephone: +44 1295 709105
Fax: +44 1295 709105
Email: jruddock@studiodelgaizopicchioni.it

How do I arrange power of attorney?
If you cannot be there in person to sign the purchase deeds at the notary, then you could arrange power of attorney. This varies slightly from country to country but in essence this is the procedure in Britain (for other countries seek advice from your Italian consulate):
- you need someone to whom you can give power of attorney. They must be a resident in Italy and fluent in Italian. Often the agent.
- we send you the special power of attorney document in Italian with an English translation if required.
- you make an appointment with a notary in your country and sign the Italian power of attorney document in front of him/her. He/she needs to see your identification and declare that you are who you say you are.
- you send/take the Italian document to the Legalisation Department of the Foreign Office in London to be legalised and have an apostille attached.
- the document then needs to be sent to the agent in Italy to give to the notary.

Alternatively, if you cannot be there to sign documents at the time but are in Italy beforehand you can sign the power of attorney documents at a notary's office in Italy (much easier!).

I am a serious investor looking for a large profitable construction / commercial project in Italy. Can you help me find that really good buy?
We certainly can. We have many large commercial possibilities and building land. You can see some of them on our website, but if you have any specific needs, do give us a call or arrange to come and meet us.

Is there any capital gains tax to pay when I sell my Italian property?
In Italy, if you sell a property you have owned for more than five years, there is no CGT to pay. If you have owned it for less than five years then the rate of CGT payable is 20% on the net profit you have made, minus any purchase and sale costs - including notary fees, agency fees etc, as well as any building works you have carried out. You need paperwork to support these costs so make sure you have proper invoices from builders and contractors. You cannot offset furniture and furnishings etc.
If you have owned the property for say 4.5 years you can still advertise it for sale, find a buyer and sign the compromesso (preliminary contract) but if you wait to complete the sale after the five years have passed then you will save on CGT.
If you are resident of another country than Italy you may have some capital gains tax to pay there even if you have none to pay in Italy - check with your accountant.

If I own a property in Italy, do I need to have an Italian will drawn up?
If you own a property in Italy you are naturally going to be concerned about how to include this property in your will and whether you need to have an Italian will prepared.
You will find quite a lot of conflicting information about this subject.
Generally speaking if, at the time of the death, you are domiciled in England and Wales, your English Will may have jurisdiction over all immovable assets situated in England and Wales and all worldwide moveable assets. It may also cover the immovable assets located in Italy but it is advisable to seek the advice of a lawyer in that jurisdiction to ensure that this is the case.
In fact there are a series of other factors (i.e. your domicile) that can interfere with your English will resulting in not being able to dispose of your assets as you prefer. In addition, some countries, including Italy, have “forced heirship” rules which dictate who is allowed to inherit the assets which you own in that jurisdiction.
If you want to take advantage of the possibility to freely dispose of your estate in accordance with the English law, ideally, it is recommended that you also have your wishes formally registered with an Italian notary, specifying that your Italian asset is to be disposed of according to English law, as specified in your English will. Only this way can you be absolutely certain that no problems will arise.
Rather than "do I need an Italian will for my Italian property?", the fundamental question is, therefore, "do I need to do inheritance planning?". For example if you have a complicated family situation or if you own a lot of properties in Italy, or property of a high value, it is wise to make detailed inheritance plans to ensure that you have planned your wishes correctly.
You should also ensure that the two wills are coordinated in order to avoid an unwanted outcome. For example the later of the two wills should be read in conjunction with the first will so that it does not cancel the earlier by an unqualified revocation.
As you can appreciate, multi-jurisdictional estates are by their very nature complex and it is wise to consider obtaining professional advice to ensure smooth and tax efficient succession planning
If you would like to have an expert make sure you have fulfilled all necessary procedures at home and in Italy, we recommend
Michele Menato
Italian Avvocato & English Solicitor

B&M Law LLP
Hamilton House, 1 Temple Avenue, London EC4Y 0HA
Website: www.bandmlaw.co.uk
Tel: 0207 489 2043
Email: michelem@bandmlaw.co.uk
Skype: michelem-bandm

I have a question about health/pets/working in Italy/obtaining residency/education etc. Can you help?
Yes but have a look at this website which has loads of useful information about living in Italy - Tuscany.angloinfo.com

I have a property I'd like you to sell
Please see Information for sellers

For lots more information see our Info and Services section.

KAREN ROOS.

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