Big ISSUES When Buying A Property In Italy...

Summary

This video provides essential advice for potential property buyers in Italy, focusing on the importance of verifying the cadastral plan and understanding the role of the geometra. It highlights the risks of purchasing property with discrepancies between the official records and the actual layout, such as unregistered windows or additional rooms. The video urges buyers to conduct their own due diligence and consult professionals to avoid costly legal complications and ensure a smooth property transaction.

Takeaways

• 😀 Always verify that the actual property layout matches the official cadastral plans before buying in Italy.
• 😀 🏠 A geometra (surveyor) is essential for confirming that the property’s physical features align with the legal documents.
• 😀 💼 It’s important to hire an independent geometra, not one recommended by the real estate agent, to avoid potential bias.
• 😀 📝 The notary (notario) handles the legal paperwork, but does not inspect the property; this responsibility falls on the buyer.
• 😀 🧐 If discrepancies between the plans and property are found, the buyer can negotiate a price reduction with the seller.
• 😀 💰 Buying a property with cash allows for more flexibility in negotiating with the seller over discrepancies.
• 😀 🏦 If buying with a mortgage, the bank will send their own geometra to inspect the property, and discrepancies could delay or cancel the purchase.
• 😀 🔍 Buyers should thoroughly inspect both the cadastral documents and the property to ensure there are no hidden issues.
• 😀 🚪 Problems such as unregistered extra windows or converted spaces (e.g., attics or garages) can lead to legal complications and extra costs.
• 😀 ⚖️ Legal recourse is available if issues arise, but it can be costly and may not always result in compensation.
• 😀 📝 Always ensure that agreements and promises related to the property are in writing to avoid misunderstandings and disputes.

Q & A

What is the Catasto, and why is it important when buying property in Italy?

The Catasto is the official land registry in Italy, which records details about land and properties. It is crucial when buying property because discrepancies between the registered plans in the Catasto and the actual property can lead to legal and financial complications, such as unreported structures or modifications.

What role does a geometra play in the property buying process in Italy?

A geometra is a professional who ensures that the property plans match the actual layout of the building. They help verify that everything registered in the Catasto is accurate, and they may update the registry if any discrepancies are found. It’s highly recommended for buyers to hire their own geometra for this purpose.

What happens if a property’s structure differs from the registered plans in the Catasto?

If the structure differs from the registered plans, this could lead to legal issues, especially if the modifications are not authorized. For example, adding windows or turning an attic into a livable space without proper registration can result in fines or forced renovations. In some cases, the property might even be deemed illegal.

Why is it important for buyers to check the property’s floor plan themselves?

It’s important for buyers to check the floor plan themselves because discrepancies between the official plan and the actual property may not always be immediately visible. Hiring a professional geometra ensures that no issues are overlooked, protecting the buyer from unexpected legal and financial burdens later on.

What are the potential issues with properties that involve attics in Italy?

In Italy, there is a distinction between 'sopita' (attic space) and 'solo' (a non-livable space). If an attic is registered as 'solo' (non-livable) but is actually being used as a bedroom or living space, this constitutes an illegal modification. These issues can lead to serious legal complications, and the property may require expensive adjustments to bring it into compliance.

What are the risks for cash buyers when discrepancies are found between the registered plans and the actual property?

Cash buyers have more flexibility because they can negotiate directly with the seller if discrepancies are found. For example, if a property’s plans are incorrect and correcting them will cost money, the buyer might request a price reduction equivalent to the cost of fixing the issue. However, the buyer still carries the risk of these issues affecting the value or usability of the property.

What should mortgage buyers be aware of when it comes to property discrepancies?

Mortgage buyers are at a greater risk because banks typically require the property to be compliant with official plans before they approve the loan. If discrepancies are discovered, the bank may delay or even refuse to approve the mortgage until the issues are resolved. This could result in additional costs and delays for the buyer.

What are some common examples of discrepancies that buyers might encounter when inspecting a property in Italy?

Common discrepancies include unregistered walls, added windows, or rooms that were not officially recorded in the Catasto. If an extra room or structure exists that wasn’t properly documented, it may need to be registered or the buyer could face legal repercussions.

Can a buyer claim damages if the agent, geometra, or notario fails to identify discrepancies in the property’s registration?

Yes, if there is written evidence that the agent, geometra, or notario failed to fulfill their responsibilities (such as not identifying discrepancies in the property registration), the buyer may have grounds to claim damages. However, pursuing legal action can be expensive and time-consuming, and many buyers may choose to resolve the issue through negotiation instead.

What steps can buyers take to avoid legal issues when purchasing property in Italy?

Buyers should always perform due diligence by hiring their own geometra to inspect the property and ensure the plans match the actual layout. They should also ensure that all agreements are documented in writing and, if necessary, consult a lawyer to safeguard their interests during the buying process. Checking the land registry (Catasto) is essential to avoid potential legal problems after the purchase.