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How to avoid hidden traps when buying an old property in Italy

Buying a cheap home to renovate in Italy sounds like the dream, but it can quickly turn nightmarish amid restrictions, red tape, and bickering relatives. Silvia Marchetti explains some of the most unexpected pitfalls and how to avoid them.

How to avoid hidden traps when buying an old property in Italy
Italian towns have been selling off old houses, like this one in the village of Lecce dei Marsi - but purchases are often blocked by bureaucracy. Photo: Gregory Macera

With so many Italian towns offloading cheap old properties for sale, lots of people have been tempted by the chance to buy a fixer-upper in a sunny, rural area and live in the perfect idyll. And most are oblivious at first of what risks the purchase might entail. 

The older the properties are, the more potential traps along the way.

There have been several villages in Italy eager to sell €1 and cheap homes that have had to give up on their plans once hidden issues came to light.

Back in 2014, the towns of Carrega Ligure, in Piedmont, and Lecce nei Marsi, in Abruzzo, tried hard to sell their old properties off at a bargain price but just couldn’t get past Italy’s labyrinthine red tape, hellish property restrictions, and scores of bickering relatives.

Both towns’ mayors found themselves chasing after the many heirs of unknown property owners who had emigrated in the 1800s. All existing relatives, who technically owned small parcels of the same house (whether they knew it or not), had to all agree on the sale.

Under Italian law, over time and generations a property ‘pulverizes’ into many little shares depending on how many heirs are involved (if one single heir is not named).

You can end up in a situation where you agree with two owners that you’ll buy their old house, and then one day another five knock at your door saying they never gave their consent, nullifying your purchase. So it’s always best to check beforehand the local land registry to see exactly who, and how many, are the owners, and where they are. 

READ ALSO: ‘It’s so frustrating’: My 25-year Italian property renovation nightmare

In Carrega Ligure and Lecce nei Marsi, families had long ago migrated across the world and the many heirs to some properties were impossible to track down.

But there were also other obstacles.

“We wanted to start the renovation project by selling dilapidated one euro houses, and then move on to cheap ones, but the tax office would not agree on the price – saying that the old properties had a greater value, that they weren’t classified as abandoned buildings but as perfectly livable houses in good shape”, says Lecce nei Marsi mayor Augusto Barile. 

This meant buyers would have ended up spending tons of money in property sale taxes.

“Even if these were just small houses, potential property taxes start at €700, and could have been much higher,” he explains.

READ ALSO: The hidden costs of buying a home in Italy

“This would have been a nightmare for any buyer finding out about this at a later stage, after the purchase”.

Barile says the town hall had not made a prior agreement with the tax office to reclassify and ‘downgrade’ the value of the old buildings, which also required an update of the land registry. 

Council officials in the village of Carrega Ligure faced a wall of red tape when they tried to sell off abandoned properties. Credit: Comune di Carrega Ligure

Several potential buyers I spoke to back then said that when they found out about the tax office’s involvement by word of mouth (mostly thanks to village gossip at the bar while sipping an espresso), they fled immediately without even taking a look at the houses. 

The best advice in this case is to pay a visit to the local tax bureau ahead of any formal purchase deal and make sure that the old, dilapidated house you want to buy is actually ‘accatastata’ (registered) as such, or you might end up paying the same property sale taxes as you would on a new home. Hiring a tax lawyer or legal expert could be of huge help.

In Carrega Ligure, where old shepherds’ and farmers’ homes are scattered across 11 districts connecting various valleys, a few abandoned homes located near pristine woods came with a nice patch of land – which turned out to be another huge problem.

Old estates often cannot be disposed of due to ‘vincoli’ – limitations – either of environmental or historic nature, that do not allow the property to be sold, or simply due to territorial boundaries that have changed over time, particularly if the original families haven’t lived there for a long time.

READ ALSO: How Italy’s cheap homes frenzy is changing rural villages

In Carrega Ligure it turned out that “a few dwellings located in the most ancient district couldn’t be sold because of hydrogeological risks. State law forbade rebuilding them from scratch, as floods and mudslides had hit the area in the past”, says Carrega Ligure mayor Luca Silvestri.

Meanwhile, other properties were located within or close to the protected mountain park area where the village districts spread, and where there are strict rules against building to preserve the surroundings.

Another issue was that a few old homes came with a patch of land which was quite distant, on the opposite side of the hill, says Silvestri, making it inconvenient for buyers looking for a house with a back garden.

In this case, checking territorial maps, and speaking to competent bodies such as park authorities if there are ‘green restrictions’ in place, can spare future nuisances.

See more in The Local’s Italian property section.

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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.

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