Real Estate Law in Italy

Real Estate Law and disputes related to properties and rentals, how to find a cassation lawyer in Rome or in Italy.

If you are looking for a lawyer specializing in real estate law, property transactions, power of attorney, and leases in Rome, continue reading this article.

Real Estate Law

Real Estate Law refers to that branch of law which deals with properties, buildings, or lands, used for residential, commercial, or agricultural purposes.

Properties play a fundamental role in people’s lives, whether it is their first home or a source of income. Often dealing with tenants, real estate agents, or buyers can be stressful, suggesting the need to consult a law firm specializing in real estate law.

There are many stages where the intervention of a lawyer may be appropriate, and we will see some of them in this post.

Property Transactions

A lawyer specializing in real estate law often deals with property transactions.

Indeed, in some cases, it is advisable to seek assistance in various stages of the transaction, such as:

  • in the preliminary examination of the property’s file before submitting an offer, or before putting the property up for sale;
  • in drafting a binding offer;
  • in negotiating and drafting the preliminary purchase contract, if necessary with the intervention of a Notary;
  • in negotiating and concluding the final contract (also called the deed) with a notarial public act, where in some cases the lawyer can substitute the buyer or seller by proxy (because perhaps one of them is abroad).

Judicial Division

When there is no agreement among co-owners of the property, each of them can approach the court to seek justice, whether it is to manage the property or to obtain its division.

Indeed, even in the case of inheritance, each owner has the right to obtain their share of the property or its sale to third parties to obtain a portion of the proceeds. We talk about this in the post on successions.

Convenience Real Estate Companies

The use of so-called “convenience” real estate companies is common.

The Revenue Agency has stated that to exclude the application of the rules on non-operational entities to real estate companies with disproportionate rents, it is not enough to demonstrate that the market value of the properties is lower than the fiscal cost.

It is necessary to document that the rents paid are at least equal to those indicated by Omi values and that the company is not used as a mere tool for registering assets for the shareholders.

Response 53/2024 highlights the anachronism of the rules on convenience companies, which also affect real estate leasing companies unable to generate income in accordance with legal percentages. Therefore, a revision of the regulations is called for, as foreseen by article 9 of law 111/2023, with new parameters to identify only non-operational companies.

Searching for Property Documentation

Sometimes the help of a real estate lawyer is useful for preparing the necessary file for the sale.

Indeed, it is not uncommon to need to retrieve:

  • cadastral floor plans;
  • projects and building permits;
  • previous deeds of sale;
  • adjudication acts following executive or bankruptcy procedures;
  • usucapion or division judgments;
  • judgments assigning the marital home;
  • judgments verifying a property loan;
  • for the cancellation of foreclosures and mortgages.
    In many of these cases, the lawyer can access the land registry, the real estate registers conservatory, the notarial archive, at notaries who have authenticated the deeds, at the court for the request of copies of judgments, at the SIT.

Subsidized Housing in Rome

Lawyers specializing in real estate law have frequently dealt in recent years with properties built under the subsidized housing regime in Rome.

To learn more about the meaning of subsidized housing, surface rights, property rights, redemption and transformation, see our guide at the link.

Subsidized housing has a different meaning from public residential housing, a term used instead for social housing owned by ATER, INPS and managed by Romeo Gestioni, etc.

Property Transactions by Proxy

Property transactions by proxy are the solution when the buyer or seller cannot or do not wish to appear in person before the Notary for the signing of the deed in question.

Often, the seller or buyer are abroad and cannot return in time, or the cost of the trip would exceed the cost of granting the proxy to a family member or a lawyer.

Well, in these cases, with the signature of a bilingual proxy before the Notary in Italy or abroad, it is possible to mandate the lawyer to sign a deed on one’s behalf.

The bank transfer will be made only between the parties, and the effects of the deed will be produced directly on the parties, the lawyer will be paid by the party who hires him for the service performed.

If you are looking for a lawyer in Italy or a law firm of cassation lawyers in Rome specializing in real estate

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