SHARE
COPY LINK

PROPERTY

How long will British second-home owners in Italy be able to stay after Brexit?

For the many British people living in Italy Brexit is already complicating their lives - but what about second home owners, or people who simply enjoy extra long holidays in Italy?

How long will British second-home owners in Italy be able to stay after Brexit?
by Sophie Wrixon on Unsplash
Italy has long been a popular second home destination for British people and many of them, especially retirees, spend many months at a time at their property in Italy, while still maintaining a home in the UK.

Britain's membership of the EU has meant there is no limit on how many months of the year they can spend in Italy. But Brexit is set to change that.

Kalba Meadows from British in Europe said: “Make no bones about it. Brexit will change the life, and the lifestyle, of anyone with a second home in an EU27 country or who spends more than three months at a time in an EU27 country.”

At present we are in a transition period, and people can continue to move freely (allowing for coronavirus-related border restrictions) until that ends.

The transition period is currently agreed to run until December 31st, 2020 (although it may be extended if both sides agree before July 2020) and during that time the EU and UK will negotiate on what the rules for the future will be – in between attempting to negotiate a trade deal and many other aspects of the future relationship.

So everything stays as it is for the next six months, but after that we don't know what will happen.

READ ALSO:

This is one of the things still to be negotiated, but it seems likely that the rule will follow one of the models that currently exists for visits between non-EU countries.

Michael Harris from the campaign group Eurocitizens told The Local: “If freedom of movement for EU/UK citizens is not provided for in the future relationship agreement, which seems highly likely at the moment, Britons who do not fall under the scope of the Withdrawal Agreement because they are not resident in the EU will probably be subject to a rolling restriction of 90 days in any 180-day period within the Schengen Zone,” he said.

At present, the majority of EU countries operate the 90-day rule for people who do not have residency or a work or study visa.

Americans, Australians, Indians and other non-EU nationals in Italy will already be familiar with the 90-day rule – people who are not resident here can spend up to 90 days out of every 180 in the EU (with or without a visa depending on the country you are visiting from) but after that must either apply for residency or a work or study visa.

READ ALSO: The ultimate guide to getting residency in Italy

Over a year you could spend 180 days in total in Italy but not consecutively, you would have to spend time outside the EU (such as back in the UK) in between.

You can do your 90 days as one block or as several shorter trips, but in every 180 days the total number of days must not exceed 90.

It's worth pointing out that the 90-day rule applies to the total number of days for all countries in the Schengen area. So it's no good spending 89 days in Italy then popping over the border to France or Switzerland for a few days: the 90-day clock will only stop ticking once you leave the EU.

The group Eurocitizens provides an example from Spain of what could happen if these rules are brought in for British second home owners after Brexit.

“Sarah and Paul used to go to their villa in Alicante every Easter from mid-March and stay until the middle of October. Now they can only go from mid-March to mid-June and then they can go back from mid-September for another three months. However, any other time that they spend elsewhere in the Schengen Zone (for business or pleasure) will reduce the length of time that they will be able to stay in Spain.”

The EU offers this Schengen Area calculator to allow you to calculate your stay.

It's possible that the UK will seek to negotiate longer access to EU countries such as Italy for its citizens, but any such arrangement would have to be reciprocal and given the UK's hard line on freedom of movement in negotiations to date that may well not happen.

Michael Harris from Eurocitizens says: “On the Freedom of Movement issue in current EU/UK negotiations, it seems that the UK is not in favour of this being included in any future agreement. A recent European Parliament resolution urged the EU and the UK to strive towards a high level of mobility rights in the future agreement and regrets the fact that the UK has so far shown little ambition with regard to citizens' mobility, which the UK and its citizens have benefitted from in the past.”

Either way, it remains TBC despite several campaigns to allow a 180 day rule that doesn't require people to divide their 180 days into two portions of 90 (so that people could, for example, spend the summer in Italy and the winter in the UK).

So what happens if you overstay your allowed 90-day period in Italy?

Well there are strict rules on visa overstaying, but until now some countries have been more rigorous than others in how they apply them.

Overstaying your welcome can in one of the worst case scenarios result in a fine or deportation. You may also find that your passport gains an 'illegal immigrant' or 'illegal overstay' stamp which is likely to make it very hard for you to re-enter the country (or potentially other countries) at a later date.

But this will all likely become clearer in the coming months.

Check out The Local's Brexit section for more details and updates.

Member comments

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

PROPERTY

Six surprising Italian building laws that you might not know about

Italy has a fair share of rules when it comes to building or renovating property – but there are some that you may well find hard to believe.

Six surprising Italian building laws that you might not know about

Owning a home in Italy is the dream of a lifetime for many.  

But whether you’ve already bought a casa in the country and are now in the process of renovating it, or just have your eyes set on a picturesque farmhouse in the Tuscan hills, you may already have some level of familiarity with the intricate bureaucracy that goes along with purchasing and revamping property in Italy.

That includes complying with a fairly long series of building regulations, some of which can often be hard to believe, even for locals.

Mandatory bidets

Most Italians can’t begin to imagine a bathroom without a bidet – a low, oval basin which is generally used to wash one’s nether regions (or feet). But that’s not the only reason why the item is a ubiquitous feature in Italian homes.

Bidets are a legal building requirement in Italy as a Ministerial Decree issued in 1975 states that in each house “at least one bathroom must have the following fixtures: a toilet, a bidet, a bathtub or shower, and a sink”.

READ ALSO: Are bidets legally required in Italian homes?

Italian law also says that there should be a minimum distance between the bidet and other bathroom fixtures (for instance, the bidet should be at least 20 centimetres away from both the toilet and the bathtub or shower).

A stylish bathroom

Bathrooms in most countries in the world don’t feature a bidet, but things are quite different in Italy. Photo by Sidekik Media via Unsplash

As outlandish as it may sound, the above requirement is necessary to the issuance of the Certificato di Agibilità, which attests that a building abides by the relevant health and safety regulations and is therefore safe to be occupied.

Bathroom wall tiling requirements 

While we’re on the subject of bathrooms, each Italian municipality (or comune) has its own set of building regulations (or regolamento edilizio, RE), which, among other things, establishes the minimum height of bathroom wall tiling in private homes. 

For instance, in Milan and Naples wall tiles must have a minimum height of 1.80 metres. 

It’s also worth noting that some comuni may not give precise height indications and take the bottom or top of a bathroom’s window as the minimum permissible height.

AC rules

Some parts of the country experience bouts of extreme heat over the summer, and an air-conditioning system is generally the most effective way to keep your Italian house cool over the hot months. But if you’re the owner of a flat, installing an AC system may be a bit of a headache. 

AC system

Installing an AC system in Italy is generally far easier for owners of single-family houses than it is for flat owners. Photo by Carlos Lindner on Unsplash

Specific building regulations may prevent owners from having external AC engines on the building’s facade or demand that AC engines are of the same colour as the building. 

READ ALSO: What are the rules for installing air conditioning in your Italian home?

Flat owners should also be mindful of article 907 of Italy’s Civil Code, which specifies that any type of external construction, including AC engines, should be at least three metres away from the windows or terrace of the floor directly above them to avoid obstructing the view.

Minimum size for windows

Like in other countries, national building regulations establish minimum height and surface requirements for all rooms in private homes. 

For instance, a bedroom for one person must have a surface area of at least 9 square metres in, whereas bedrooms for two people must be at least 14 square metres in size.

But there are size requirements for windows too. In fact, the surface area of a room’s window opening must be at least one eighth of the room’s surface area (e.g., 1.25 square metres for a 10-square-metre room).

Are in-sink garbage disposal units legal?

If you’ve spent any meaningful amount of time in Italy, you may have noticed that in-sink garbage disposal units are nearly non-existent in the country and food scraps are generally kept in a small organic waste container that’s emptied out once or twice a week.

Disposal units (or tritarifiuti in Italian) are technically legal in the country, but, under Italian law, their installation is only possible after “verification of the existence of a depuration system” in the sewer network on the part of its operator and following a notification of successful installation to the water network operator.  

READ ALSO: Sheds and sewage: How neighbour disputes complicate life in Italy

Most Italians prefer to regularly take out their food scraps to their local garbage collection area to the hassle of that procedure.

Keeping plants on the balcony 

Though this is not strictly related to building regulations, it’s still worth a mention for owners with a green thumb.

Some buildings can occasionally prevent flat owners from keeping plants in common areas (like a hallway, or a stairwell landing) to avoid any obstruction to the passage of other residents.

Having plants on a private balcony is generally permitted. However, owners should be cautious when watering them. 

Water dripping from your balcony to the balcony of the flat (or flats) right below on a regular basis may amount to the offence of Reato di getto di cose pericolose (literally, ‘throwing of dangerous things’).

This comes with a fine of up to 206 euros, and in the most serious cases, a jail term of up to a month.

This list is non-exhaustive. If you know of any other surprising building laws in Italy, let us know in the comments below.

SHOW COMMENTS