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Real estate
"Your house is your larger body. It grows in the sun and sleeps in the stillness of the night; and it is not dreamless".
Kahlil Gibran
Viale Amedeo Duca d’Aosta 100
39100 Bolzano
Southtyrol | Italy
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FAQ
The role of the notary in the real estate
The role of the notary in real estate is quite wide. A couple of examples as follows:
- Preliminary contracts
- Purchasing contracts and barter agreements
- Donations
- Divisions
- Loan agreements
- Establishment of property rights/estate rights as usufruct, rights of residence, easements (servitutes)
Which requirements do i have to fulfill in order to apply for the so called “first home incentive”?
In the case of the purchase of a first home, both a reduction of the registration tax in favor of private people and a reduction of VAT tax in favor of companies applies, which is certainly an advantage for the buyer.
The following requirements are necessary:
- the apartment to be purchased must belong to a special cadastral category (excluded are the categories A/1, A/8 and A/9);
- the buyer can not be the sole holder of a property right, usufruct right, right of use or right of residence of another apartment or part of an apartment in the same municipality territory as the apartment to be purchased;
- the buyer can not be – also not partially – the owner of another property or holder of any usufruct right, right of use or right of residence in the Italian territory and can also not be the owner of an immovable property acquired previously by means of the same “first home incentive”;
- the buyer must reside in the municipality where the apartment to be purchased is located or transfer the residency to this municipality within 18 months from the conclusion of the purchasing agreement or be employed in the aforementioned municipality.
Cases of forfeiture of the incentives are provided by law, in which the repayment of the ordinary taxes together with a supplement and the default interest is mandatory.
(source: http://www.agenziaentrate.gov.it/wps/content/Nsilib/Nsi/Aree+telematiche/Casa/ Agevola zioni+per+acquisto+della+prima+casa)
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info@bbnotare.itWhat is a “rent to buy” contract?
The so called “rent to buy” contract is a new type of contract, whereby the landlord immediately transfers the possession and use of the property to the tenant (future buyer), with the obligation to pay the rent. In the contract the parties agree further, that at the end of the lease period, the tenant will either acquire the property, deducting the rent amount already paid, or dissolve the contract.
The proceeding can be divided in two phases: the use of the property, which is considered to be the basic element of the contract and the transfer of the ownership of the property, which consists only in a mere possibility in favor of the tenant.
The particularity consists in the previously mentioned possibility to choose in favor of the tenant after the conclusion of the lease period: he can decide to purchase the property (with a real right of purchase) or he can decide to dissolve the contract.
With the annotation in the real estate register of the lease-purchase contract (annotation in the land register) the tenant/potential buyer receives a valuable protection. Regarding the use of the property, the annotation can be held against third parties; regarding the possibility of purchasing the property, the annotation has a similar effect as the preliminary purchase agreement.
For these reasons, the advantages the parties can receive by agreeing on this type of contract are clear:
The owner/seller reserves the right of ownership until the total purchasing price is paid, with the peculiarity that the lease agreement is not subject to binding lease agreement rules. Nevertheless he receives an economic advantage, as the property purchase is postponed, simultaneously keeping the right to receive the agreed rent during this period.
The advantages for the buyer consist in the immediate availability of the property without any obligations, as he can decide at the agreed end of the lease, either to buy the property or to dissolve the contract.
THE ROLE OF THE NOTARY in the “rent to buy” contract
The economic proceeding is quite complex and requires a number of specific verifications to be carried out, in particular so that the will of the parties is respected and applied. The notary will assist and advise you, guaranteeing full access to this new contract model with maximum security.
(source: http://www.notariato.it/it/casa/il-rent-buy)
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info@bbnotare.itWhat is “property leasing for residential use”?
The property leasing for residential purpose was introduced with the stability law n. 208/2015 and is a type of contract whereby a leasing company undertakes the obligation to purchase or build a property, chosen by the tenant, who has the right to reside for a certain time period and for an agreed payment amount and is furthermore entitled to purchase the property at a certain price after the agreed period.
This contract model should incentivize young people to buy a property for residential reasons and as a main domicile by means of a leasing contract and is a valid alternative financial model compared to classic mortgage loans with reasonable tax advantages.
The difference in reference to the classic loan agreement: with a classic loan agreement the applicant receives a certain amount of money for the purchase of the property with the annotation of the loan or mortgage in the land register as a security. In the case of property leasing for residential use, the tenant can use the property immediately and can acquire the property by exercising the right of repurchase after the agreed period.
People with an income lower then 55,000 Euro/year can also apply for “property leasing for residential use” and profit from certain advantages.
Tax advantages consist in the deductibility of the lease rates and of the purchasing price. Furthermore a reduction of the registration tax is provided in the case of the purchase of a first home.
THE ROLE OF THE NOTARY in the “property leasing for residential use”
The notary can give valuable advice regarding this atypical contract model and special tax area and assist you in every related aspect.
(source: https://www.notariato.it/it/casa/il-leasing-immobiliare-abitativo)
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