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PROPERTY: Why buyers need to watch out for Italy’s conservation rules

Old Italian homes featuring frescoes, loggias or ancient cellars are appealing, but such buildings are often protected by Italy’s cultural heritage authority - meaning lots of red tape for owners, as Silvia Marchetti explains.

PROPERTY: Why buyers need to watch out for Italy's conservation rules
Picinisco's historic center. Photo: Silvia Marchetti

Italy is dotted with gorgeous hilltop villages full of centuries-old homes for sale complete with characteristic features. But many people don’t realise that these buildings, even if they’re abandoned or decaying, often fall under restrictions (vincoli) enforced by Italy’s ‘art authorities’, known as the sovraintendenza belle arti.

Due to the artistic and historic value of these buildings, they’re considered a part of the national heritage. This is usually because they date back to medieval and Renaissance times, or because they feature frescoed walls, emblazoned vaults or entrance portals with coats of arms. 

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

Italy has the most UNESCO-listed cities in the world, and here these vincoli are even more binding. Many buildings in Rome have entrance portals sculpted by Renaissance masters which are ‘off-limits’ even if they’re in need of repair. 

It is a widespread way of protecting Italy’s heritage, and yet awareness of the risks buyers face if their property happens to be ‘supervised’ are often hidden, and are especially unknown to foreigners.

In almost every old rural village there are private houses and palazzos with ancient loggias, decorated ceilings and lavish stone columns, and even simple former farmers’ dwellings with ancient cellars, over which the art authorities have the final say on renovation work, even small upgrades like adding an extra room or pulling down a wall.

READ ALSO: Charming or boring – What do Italians think of life in the old town?

Giovanna Rosetta Fraire was forced to give up her dream of buying a portion of a two-floor 1700s building in the village of Civita Castellana, in Lazio, because it needed upgrades but the frescoed walls, ceilings, decorated fireplaces and elegant entrance were ‘vincolati’ (under restrictions).

“It was a historic building with an artistic value. The peeling façade needed a makeover but it was still the original color dating back centuries so we couldn’t paint over it,” she explains.

“The rusty wrought-iron balconies were made in the 18th century while the location was in the heart of the historical center, right in front of the Gothic cathedral, so any change to the building would have affected the scenery, too.”

Fraire only found out about these rules by chance, just before signing the purchase deed, thanks to a tip from a local resident.

According to Italian law, fixes to similar buildings of value need to be coordinated and approved by the sovrintendenza, which seldom allows any changes to the exterior and only minimal ones inside crumbled rooms, for instance those struck by an earthquake.

Usually the structure of a ‘vincolata’ building cannot be modified at all: walls cannot be pulled down, nor a room expanded or divided in two.

And when old homes are embedded within the fortified medieval walls or share a wall with a castle or fortress it is even more complicated. 

Civita Castellana. Photo: Silvia Marchetti

Cesidio Diciacca bought a former abbot’s lodgings dating from the 1700s, embedded within the rampart in the village of Picinisco, north of Naples, 

He contacted the local belle arti before restyling it to find out whether there were any restrictions, which is always the best thing to do. Unearthing an updated map of your property from the catasto (land registry) is also useful. 

“The belle arti stopped all external changes as we are in the centro storico,” he says. “The only external fix allowed was to remove the top level of the guard tower which was ugly and out of place, and we had issues also placing solar panels. 

“The whole of the centro storico of Picinisco and neighboring hill towns are protected in some way which is both good and bad as it prevents necessary work of modernisation.”

It should be a matter of striking the right balance between preservation and valorization of old properties, but this is rarely the case in Italy when art authorities are involved. 

Cesidio Diciacca’s house in Picinisco. Photo: Silvia Marchetti

Giovanna Rossi owns a tiny dwelling in the picturesque Tuscan village of Pitigliano, where old homes are cropped on a high plateau and carved from the tuff rock. 

Like most other villages in the area, Pitigliano has Etruscan roots and many dwellings come with pagan caves considered by authorities to be monuments of anthropological interest, a bit like Matera’s.

“I have this stunning underground canteen accessible from my kitchen but cannot change it in any way to make it habitable, it’s a pity. I just show it to friends and keep wine bottles in it,” she says. 

Even private gardens and patches of land, set within or close to ’archaic’ protected parks where Etruscan or Ancient Roman tombs and ruins have been unearthed, have archaeological vincoli and cannot be modified without the necessary green lights.

These are ‘vincolati’ by authorities unless there are specific geological permits which allow the construction of a swimming pool, a gazebo or tiny cottage, following land surveys proving the spot is clear of historic finds. 

That’s without mentioning that when a Roman sarcophagus or column pops out buried in your backyard, you must tell the belle arti at once or face fines, and potential seizure. 

Other European countries have similar rules, like Historic England’s listed buildings, but these seem to create restrictions to a lesser degree compared to Italy’s huge and sometimes cumbersome heritage.

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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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