Read news from:
Austria
SHARE
COPY LINK
For members

PROPERTY

How to stay out of trouble when renovating your Italian property

Buying and renovating a home is rarely a straightforward process, and here in Italy you could face some very unexpected problems - and even end up in trouble with the authorities.

Published: 20 January 2020 17:39 CET
Updated: 28 February 2021 10:38 CET
How to stay out of trouble when renovating your Italian property
Think carefully before you decide to buy a quirky old Italian property to renovate. Photo: Christophe Simon/AFP

Some common issues can be avoided, as Le Marche-based renovation expert Gary Edwards from D&G Design explains.

You may have read about the issues faced by Dame Helen Mirren when she bought and attempted to restore two properties in Puglia.

The first, purchased in 2012, caused a neighbour to launch a lawsuit, claiming that she had not been consulted about planning applications that affected her boundary wall. During a second dispute in 2018 when Dame Helen was renovating her beachside property, local police halted the work, insisting that correct permission had not been applied for.

READ ALSO: The real cost of buying a house in Italy as a foreigner

And issues such as these do not just affect celebrities. As property renovators who have worked on numerous projects in both the UK and Le Marche, we have seen a multitude of errors made by home owners who are not aware of local planning regulations and laws when buying a home in Italy (and indeed in the UK.)

Our advice, which goes for all situations that buyers find themselves in, is ‘do not do anything that you wouldn’t do at home.'

Even Dame Helen Mirren has had trouble with Italian property regulations. Photo: Filippo Monteforte/AFP

Get the right advice

House surveys prior to purchase are not a legal requirement in Italy, and there will be estate agents who tell you that you do not need one. Or you may assume that if the agent says the house can be modified in any way you choose, that this is the correct information.

But we insist that our engineer or geometra visits a property that our clients show interest in and carries out a full audit of the works that will need to be done, together with the cost of each element. This ensures that there are no surprises.

Get realistic quotes

You may think that a simple rewiring job will suffice or be aware that the roof needs to be repaired, but what if the rewiring requires planning permission or the entire roof needs to be replaced?

One thing to note is that engineer’s quotes may differ greatly. Some engineers or technical teams can offer a low lead-in price that inflates as the job goes on, as ‘discoveries’ are made during the project. We ask our engineer or geometra to quote with a ‘worst case scenario’ approach, and you should too.

Find a good surveyo

We have seen structural surveys that leave a lot to the imagination. Recently a new owner produced one that was nothing more than a brief description of the property, on two sides of A4 paper and that anyone with good vision could have written.

A disclaimer at the bottom of page two stated that, should any defects be found in the home post-purchase, the surveyor would not be liable for missing these.

A property in Abruzzo in need of some TLC. Photo: propertyupto50k.com

Know the rules on planning permission

Much like in the UK, a listed building will require planning permission from the local council before any work begins.

This is to ensure that works are carried out in a sympathetic manner and that period features are retained and not damaged, or worse, thrown away. In the UK these applications do not cost anything and can be submitted by the homeowner

In Italy however, there is a charge for planning applications (charges vary depending on what you are asking for) and applications must be submitted by an engineer or a geometra.

Think about earthquake-proofing

In seismic zones, local planning departments will usually insist that large scale works include earthquake-proofing if the property has never had this type of work done.

We were slightly horrified last year when a prospective client who had purchased a tiny house and felt no need for any kind of assessment on the property, told us ‘as my cousin in Naples said, if this house hasn’t collapsed in an earthquake before, then it’s not likely to now.’

Regardless of what relatives, or anyone else for that matter may say, there are regulations and rules around restoration that, if not adhered too, can incorporate hefty fines and even prosecution. This is not unique to Italy, the rules are strict in the UK as well.

Check what's really possible before you buy

The good news is that local councils will permit many types of work to be carried out on period homes, particularly if the home has been neglected and run down for years. But a simple glance around your new town will not guarantee that you will be allowed to do similar work to your neighbours, who may have made their modifications during the 70’s and 80’s when rules were more relaxed.

Just because the people next door were able to build a roof terrace does not mean that you will be able to.

We are lucky to work with a geometra who has very good relationships with most of the local comunes in Le Marche and is able to ascertain what will be permitted before clients buy a home.

READ ALSO:

If you require written permission from the council prior to purchase, a planning application can be submitted by the current owner at your request, provided you pay the fee.

It’s a small expense if your desire for that new roof terrace, extension, widening of windows or knocking down walls are the deal-breaker to whether or not you buy a property. A report from an engineer or geometra is also a great negotiating tool should you discover that the house is overpriced.

Our engineer’s pre-purchase audit has helped many a homeowner evaluate the potential a house holds for them, and has ensured our clients have avoided some of the horror story outcomes we frequently read about online.

So rather than have your dream in pieces, go for peace of mind.

Dame Helen, I know it’s a bit late, but I hope you are reading this for house number three!

Property expert Gary at work. Photo: D&G Design

Member comments

  1. In absolute agreement with your advice. We have bought and restored 5 houses in Piemonte over 20-odd years and our geometra has saved us many times. I particularly wanted to suggest using a good geometra, not only for the preliminary assessments, and technical expertise–but, also for organizing estimates and work schedules. I am the on-site manager of our projects, but I have in hand a clear and detailed geometra’s compilation of works–signed by the builder, including an end of works clause whereby time overruns are fined.

  2. I recently purchased a home in Piedmonte in the village of Exilles in the Susa valley. At the time of purchase I new the roof would need replaced and I am hopeful I can do this in the next year. The house I bought comes with a Rustic designation at this time. I know I need electrical as well as plumbing, but truly I would like to first get a new stone roof put on.

    I did receive a bid from a local roof contractor, but I have had mixed messages about whether work can begin without an architect or Geometra? Should I reach out to the commune first to get an idea of the permits? I really can’t find a play by play guide to how to begin my project for the roof. Do you have to have a geometra, or can you start with the roofing contractor?

Log in here to leave a comment.
Become a Member to leave a comment.
For members

PROPERTY

Five expensive mistakes to avoid when buying a house in Italy

Italy may be known for property bargains, but the purchase process itself isn't cheap - and certain mistakes can make it far more costly for buyers.

Published: 27 June 2024 11:05 CEST
Five expensive mistakes to avoid when buying a house in Italy

There’s always a lot to keep in mind when buying property, but the Italian purchase process may be quite different to what you’re used to in your home country.

As well as involving high taxes and fees, it’s likely to be more complex and formal in some ways – and this can lead to potentially costly pitfalls.

The Local spoke to three Italian property law experts at legal firm Mazzeschi to find out what foreign buyers should be aware of before they sign anything. 

1) Check your estate agent’s contract

If you use a real estate agency in your Italian home search, normally you’ll need to sign a contract with them. That contract should stipulate their fees, their duties, and their tax information.

There is one other thing in the contract which potential buyers must look out for: an exclusivity clause, meaning the potential buyer may use only that estate agent in their property search for a set period of time.

“Usually in Italy estate agents like using this exclusivity clause. It is normally the same for sellers as it is for buyers. It means you cannot have another estate agent and usually contracts say this, “says Caterina De Carolis, Lawyer at Mazzeschi.

READ ALSO: How to avoid hidden traps when buying old property in Italy

“If the time frame is not yet up, and the potential buyer uses another agency, they may still be liable to pay the agency fee for the initial estate agent they entered their contract with,” she adds.

Some contracts might not have an exclusivity clause. It’s always worth double-checking.

“If you use another agency to find a house, you’ll be liable to pay the agency with the exclusivity clause in the contract around 2-5 percent of the house’s sale price,” says De Carolis.

“The exact percentage is always in the contract.”

2) Make sure to agree on a price beforehand

This rule is universal, and may sound obvious. But there are costly consequences in Italy if the price is not formally agreed and written down.

Lawyers at consultancy firm Mazzeschi urge their clients to make sure the full price of the property is declared in the transfer deed (l’atto di trasferimento).

This is because if you resell at a market price higher than your purchase price, you are subject to pay a capital gains tax called plusvalenza. Plusvalenza is the difference between purchase and sale price.

Checking the price of the property beforehand will save you in the long run. Photo by Kirill KUDRYAVTSEV / AFP.

3) Don’t change your mind – it will cost you

If the potential buyer has signed a binding proposal (proposta vincolante) – the process before a preliminary contract is drawn up – it becomes less straightforward to withdraw from the purchase.

“This is because the binding proposal in Italy is a lot more formal,” says Mario Mazzeschi, Head of and Attorney at Law of Mazzeschi Consultancy. 

The binding proposal works similarly to an offer. When the potential buyer puts forth their offer, the potential seller decides whether or not to accept. The period of time for this part depends on the proposal drawn up.

READ MORE: Five things non-residents need to know about buying property in Italy

If, before the time is up, the potential buyer decides to withdraw their offer for any reason, they will likely lose their deposit.

“This deposit is usually around 5-10 percent in most cases, so the buyer will have to pay that,” says De Carolis.

“If the buyer decides to withdraw, they are usually liable to pay the seller twice the amount of the deposit.”

If the proposal is not accepted by the potential seller, the potential buyer pays nothing.

4) Don’t pay anything before the preliminary contract is signed

With the exception of the above, buyers are advised not to pay anything until the preliminary contract is signed. The preliminary contract allows both parties to set out clear guidelines.

“The buyer should check with a lawyer before signing the preliminary contract as it will save them in the long run,” says Mazzeschi.

A notary should be present at this signing, adds Giuditta De Ricco, Lawyer at Mazzeschi Consultancy.

“Notaries are public functionaries. They are never on the side of the buyer or the seller, but for sure a notary is needed.”

“They are completely neutral and often it is wiser and safer for the potential buyer to put their deposit into the notary’s escrow account so the notary can transfer the money to the potential buyer.” 

5) Have the property checked beforehand

While the notary will normally check the paperwork before the sale goes through, you’ll need a different professional to check the property itself.

It may then be in the buyer’s best interest to hire a contractor themselves (this will normally be a qualified geometra, or surveyor) to get the structure of the building checked out and detail any faults or repair work needed.

This should be done before the negotiation stage, as unless there is something specific in the preliminary contract you may lose anything you have paid by pulling out of the purchase at this stage.

“The only way out of this after signing a contract is if you can prove the seller acted maliciously,” says Mazzeschi.

Key vocabulary

Transfer deed – l’atto di trasferimento

Binding proposal – proposta vincolante

Notary – notaio

Preliminary contract – contratto preliminare di vendita

Final contract – atto di vendita or rogito notarile

Deposit – caparra

Surveyor – geometra

Estate agent – agente immobiliare 

Please note that The Local cannot advise on individual cases. For more information about how you can buy property in Italy, contact a qualified professional. 

SHOW COMMENTS