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BUYING IN ITALY: FREQUENTLY ASKED LEGAL AND TECHNICAL QUESTIONS

 

1.        What is the procedure for buying in Italy?

2.        How long does the buying process take?

3.        What if I find a house and don't want to be gazumped?

4.       Can I find a large habitable farmhouse to restore in good structural condition with lots of land, outbuildings, views, possibility of income, 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?

5.        Are the advertised prices negotiable?

6.        Can you help me arrange a mortgage?

7.        Can I have a survey done?

8.        What about the choice of a notary?

9.        How much does restoration work cost?

10.      I have done building work in the UK. Can I carry out the works myself?

11.      If there's no water and electricity, what do I do?

12.     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?

13.      What is a geometra/Should I have independent legal advice?

14.      Do you organise viewing trips?

15.      I have a very low budget and would like to buy on the coast

16.      I've heard I can save money on the exchange rate when I send funds to Italy. How?

17.      What about insurance?

18.      Is it true that there are many risks and problems relating to buying property in Italy?

19.      Can I always enlarge a property?

20.      I can't make it to Italy to sign either of the contracts. What shall I do?

21.      Can you help me with restoration?

22.      What advantage does the agent offer to me the buyer?

23.      Why do house prices in Tuscany vary so much and does a house that I have seen advertised offer an opportunity for a good deal?

24.      I want to buy an apartment or new construction but it's not finished yet.

25.      How much does a swimming pool cost?

26.      What's the best airport for Tuscany?

27.      Can I just turn up to meet someone in Italy and go and see some houses?

 

 

Q. What is the procedure for buying in Italy?

A. For full information on the buying process see our Buyers Guide

Q. How long does the buying process take?

A. The process can take anything from four weeks to three months if there are no special circumstances.                                                                                                          Back to top

Q. What if I find a house and don't want to be gazumped?

A. In Italy the standard process that we adopt is to quickly write and sign a proposal letter which is a written offer that will be counter signed by the seller. The letter is accompanied by a small deposit which is more often than not non-refundable. This letter "buys" you about a month and protects you against most risks of gazumping etc.                                            Back to top

Q. Can I find a large habitable farmhouse to restore in good structural condition with lots of land, outbuildings, views, possibility of income, 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?

A. This is the typical "wish list" of many clients but one that describes a very elusive property. As with many things you should get to know the market and what price buys what type of property. Novecento's site has always been divided into clear cut price bands which should give you an easy understanding of what prices relate to in terms of properties.                  Back to top

Q. Are the advertised prices negotiable?

A. Novecento will state if a specific price is non negotiable, however it often pays to make an offer. We would however also advise that an offer that is too low can be counter productive.                                                             Back to top

Q. Can you help me arrange a mortgage?

A. We have helped a number of clients with mortgages with local banks and some UK businesses. Currently mortgages in Italy are often limited to 70% of the total value of the house (not including fees and taxes). During 2004 we have heard from a number of Italian banks that are no longer dealing with non-resident mortgages. In general you should allow for two to three months for arranging a mortgage with an Italian bank.                                                                                                                                  Back to top

Q. Can I have a survey done?

A. Yes although it does not form part of the standard conveyancing process in Italy. Novecento can ask a number of geometras and engineers to perform full surveys. The principle of caveat emptor which governs much of English legal thinking does not apply nearly so much in Italy. The reason is that the final contract of sale includes declarations by the vendor who can be held legally accountable for their accuracy. Thus, when he states that the property being sold is, to use a legal phrase which normally appears, "libero di vizi", it means that there are no defects which have not been revealed either by him or by the planning laws which govern the building. If such a defect were to appear (the sort of defect which a structural survey in Britain might be expected to reveal) it is the vendor who can be held to account in the same way as a surveyor might be in Britain. Consequently, although it may be valuable to ask a geometra or architect to give an opinion about a building prior to embarking on its purchase, the legal responsibility rests with the vendor.                                                                                                                Back to top

Q. What about the choice of a notary?

A.The buyer has the responsibility for paying the notary's fee, so he has the privilege of nominating the notary to be used. But it really makes little difference which notary is used. The notary is a representative of the Republic whose function is to notarise the contract, i.e. to ensure that the persons appearing are who they claim to be, to ensure that they have the right to enter into the contract in question (i.e. the vendor has title etc), to ensure that the contract is a legal one, to collect all statutory fees and charges levied by the relevant authorities such as the Building and Land Registries, to have the contract registered and to archive the original copy of the contract for future reference. Notaries are highly responsible, respected members of society who have no personal axe to grind. Some are more meticulous than others, some charge less than others, few have secretaries who don't make typographical errors, but Novecento clients need have no cause for alarm. In addition, Novecento clients usually get discounts from collaborating professionals.                                                                                                 Back to top

 

Q. How much does restoration work cost?

A. Over the last few years people have been quoting around 1000 euros per square metre for restoration works (Although we have had recent quotes from 600 to 2000 euro per metre). However these figures do vary from area to area and need some checking as items such as windows and doors, bathroom fittings etc are often left out. An apartment restoration in a condominial block is also likely to be very different to a ground up rebuild on the side of a mountain. As with any such rebuild Novecento would advise obtaining multiple quotes and fixing prices with penalty clauses and an approved method of change management should be instigated wherever possible. Back to top

Q. I have done building work in the UK. Can I carry out the works myself?

A. Plumbing and electrical work in Italy must be certified so is usually easier to leave to registered professionals. Building work can be completed "in economia" by the owner of the property but there are some issues linked to the processes of third party insurance and permissions that can create some difficulties. Generally it depends on the works (i.e. minor internal works or structural works) and exactly who is going to perform them.                                                                                          Back to top

Q. If there's no water and electricity, what do I do?

A. Electricity - you can connect to mains electricity and the cost depends on distance. If you restore the house first (using a generator for electricity), the electricity board then has a duty to connect you for a low fee.            Back to top


Water - you can connect to mains water depending on distance, or if there is a spring you can use this, or dig a well if it's a suitable area (you'll need to arrange a geological survey to check), or alternatively have a large holding tank buried which holds up to 30,000 litres, and you have the water delivered.
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Q. 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?

A. 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. There may also be the possibility of applying for permission between the preliminary and final contracts with a "get-out" clause in the case of permission not being granted.                                                                         Back to top

Q. What is a geometra should have independent legal advice?

A. The function of the geometra needs to be understood clearly. He is an expert on property law as well as being qualified to undertake and oversee structural work. In addition, he is bound by his professional body to observe standards of professional competence and responsibility and can be sued if he fails to match up to them. He needs to have insurance to cover such a risk in the same way as American doctors and numerous other professionals do because he, like them, can be held accountable for his professional conduct. In drafting the text of a contract he is responsible for the accuracy of that contract and for representing his client's interests. It is often assumed by foreign buyers who are unfamiliar with the role of the geometra that engaging a lawyer (avvocato or notaio) will be much safer. What is not realised is that both avvocato and notaio usually delegate the work of conveyancing to a geometra, so the client who engages anyone other than a geometra may well end up paying two fees for no advantage.

When a buyer engages a geometra to conveyance the property and also plan and/or oversee structural work, there is a double responsibility on his shoulders and it is doubly likely that he will ensure that all is as his client would wish since he is not only responsible for the appropriateness of the contract but also for the soundness of the work which is undertaken. His professional reputation is being put on the line twice over.                                             Back to top

Q. Do you organise viewing trips?

A. Not as a rule although we are happy to assist with car hire, accommodation etc.        Back to top

Q. I have a very low budget and would like to buy on the coast.

A. 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.                           Back to top

Q. I've heard I can save money on the exchange rate when I send funds to Italy. How?

A. Yes, you can. We work with a couple of currency exchange companies. Please contact us at sales@agenzia900.com for information.                                                                                         Back to top 

Q. What about insurance?

A. Depending on your nationality we can arrange quotes from British or Italian companies for your property, its contents and the type of use you intend to have (e.g. holiday rentals).                                      Back to top

Q. Is it true that there are many risks and problems relating to buying property in Italy?

A. There are always risks when buying property from a distance and especially when buying restoration properties. Novecento always advise care and common sense should be applied when looking at properties and make sure you have the right support in place. The geometra is a very important person in any property deal and it is this person that must ensure the legality and correctness of your new property (permissions, actual state and fiscal situation). Novecento is a fully registered estate agency at the Lucca Chamber of Commerce and is backed up by professional memberships to FOPDAC (The Federation of overseas Property Developers, Agents and Consultants), a member of the NAEA (National Association of Estate Agents) and FIAIP (Federazione Italiana Agent Immobiliari Proffessionali) with offices in via di Tiglio, 433 - Lucca and Piazza San Michele, 18 - Lucca thereby giving you the security of knowing who and where you are dealing with.

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Q. Can I always enlarge a property?

A. While it depends on the planning regulations for each area the answer will often be no. Having said that, we can give specific advice on any given property                                                                                                       Back to top

Q. I can't make it to Italy to sign either of the contracts. What shall I do?

A. We can arrange special power of attorney for someone to sign on your behalf.

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Q. Can you help me with restoration?

A. Yes, we have been assisting people with restoration and improvements for more than 15 years (longer than all our local competitors) and have many happy customers. We are happy to assist in projects for properties we have not sold and, again, have done so in many situations. Please email consulting@agenzia900.com for further details.

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Q. What advantage does the agent offer to me the buyer?

A. Agents such as Novecento are positioned differently from the traditional local estate agent. We pride ourselves on creating long lasting relationships with our clients and offering a much greater level of support throughout the buying process. Once the deal is complete we can offer many additional services to do with management of your property, payment of utility bills, assistance with renting, project management of renovations etc                                                                                                       Back to top

 Q. Why do house prices in Tuscany vary so much and does a house that I have seen advertised offer an opportunity for a good deal?

A. Much like any region, Tuscany is a varied and extensive place with many localised factors that effect house prices. These factors relate to distance from main centres of interest (e.g. Lucca, Florence, the Mediterranean etc), local "hotspots" (e.g. the San Stefano zone just outside of Lucca). The style of property, view, amount of work required, amount of property volume (permission for new construction in the Tuscan countryside is nearly impossible to obtain so restoration of existing volume is the important measure) plus access and distance all effect the price. The volume of sales in the Italian market are much lower than that of the UK or USA and the mentality of vendors is very different (it is normal to have no rush to sell and for properties to be on the market for a number of years) which has an effect on the pricing of properties.

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Q. I want to buy an apartment or new construction but it's not finished yet.

A. 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.                                                                                    Back to top

Q. How much does a swimming pool cost?

There is no hard and fast rule on swimming pool costs. Depending on your requirements allow from 10,000 euro to 150,000 euro.                                                                                                                                                   Back to top

Q. What's the best airport for Tuscany?

A. Pisa, is the best served with frequent flights from many UK airports and other international locations. Florence is the next closest with Bologna and Genoa being about 2 hours drive away. Visitors from further a field such us the USA or Australia will probably find it necessary to travel via one of the major hub airports such as Rome, Milan, Paris or London.  Please click here for flight information links.                                                                                                                                                                   Back to top

Q. Can I just turn up to meet someone in Italy and go and see some houses?

A. This is not the advised method as many property owners need prior notification before viewing their homes. However Novecento does have a city centre office at Via Fillungo 128 which is staffed Monday to Friday from 9.30am to 1.00pm and 3.30pm to 7.30pm where you can drop in and discuss your requirements and any potential properties. Where possible we will show properties immediately or, alternatively, make an appointment for the next day. To book an appointment before your trip please email us at engsales@agenzia900.com                                                                                                               Back to top

If you have additional queries, please do not hesitate to ask

 

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home / property search / about us / contact / enquiries & links / about tuscany / buyers guide / faq / Per Italiano clicca la bandiera


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Agenzia Immobiliare Novecento offers services relating to lucca real estate. We also service Tuscany real estate, tuscan property including country houses, the more traditional tuscan villas and can advise in many aspect of the property market in tuscany. Novecento specialises in lucca property with offices in the city centre of Lucca one of tuscany's lesser known jewels. Novecento has more the 15 years of experience in lucca real estate and tuscan property and has fluent english and italian speaking agents ready to helpo you with your property search. We look forward to reading your request and promise to do our best to find you the tuscan property you are looking for.