How to buy a property
in Tuscany (and in Italy in general)
You need to know:
- there are no restrictions placed
upon non-residents wishing to purchase a house in Italy, be they from Europe or
elsewhere
PROPOSTA IRREVOCABILE D’ACQUISTO (means irrevocable purchase agreement)
– Note that this is an option!
If you see a propert proposta
irrevocabile d'acquisto, which identifies both parties, the property, and gives
an expiry date for signing the compromesso (see below). When you sign this act
you y you love and don’t want to risk losing it, you can sign apay a deposit by
cheque which is not cashed but held by the notary or the agency, and returned to
you when you sign the compromesso. If you change your mind you will forfeit the
deposit, as the owner will have effectively taken the property off the market
for a certain period of time. If the sale does not go ahead in the specified
date through no fault of your own, then your deposit will be returned to you.
Alternatively a preliminary agreement is often signed where a small payment on
account is made - say 5000 or 10,000 euros. When the compromesso is signed the
amount already paid is deducted from the due at compromesso.
COMPROMESSO
The 'contratto preliminare' or 'compromesso' is drawn up. This is a
legally-binding document which states the agreed sale price, the completion
date, and the deposit to be paid at the signing of this contract. Usually it's
about 30% of the purchase price. It may also include any other relevant legal
details. The 'compromesso’ is a standard contract which describes the property
as it appears in the land registry. The seller also states that the property is
unencumbered by legal or financial liabilities, and would be liable should any
arise.
Once this contract is signed and the deposit (caparra) paid, the seller may only
back out if he pays DOUBLE the caparra amount to the buyer or should the buyer
wish to back out, he will lose his deposit.
The agency fee can vary, negotiate it! (1%, 2%, or more) plus VAT is
payable when the compromesso is signed. - remember that estate agents in Italy
represent both the buyer and the seller and aim to negotiate to reach a
settlement favourable to both parties.
CONTRATTO / ROGITO
The final contract or 'l'atto notarile' is usually signed 1 - 3 months later
(the date having been set in the compromesso). It is signed by both parties, the
balance is paid and the property is officially transferred.
The buyer and the seller are required to be present at the notary's office for
the signing of the notary deed. If the buyer or seller cannot be present it's
possible to organise power of attorney. It's possible to sign
compromesso or final contract or both on your behalf, without the need for you
to come to Italy. The purchase taxes and notary fees due are payable when you
sign the final contract.
As well as paying the balance for the property, the buyer must also pay purchase
tax (that depend on if the house is your first residential home in Italy, if you
apply for residency in the local area, if you already owns property in Italy or
does not wish to apply for residency). If you are buying from a company rather
than a private individual then non residents pay 10% VAT. If you are a resident
(or intend becoming a resident in the next 18 months) then the VAT rate payable
is 4%.
Other cost: the buyers pay the notary fees when the final contract is signed
(approx 1-2% of the value of the property); technical assistance, surveyor's
report and eventually interpreter translator; IMU Annual Taxes an
annual local council tax determined by the size and quality of the property.
Read more about
Buy/rent
properties in Tuscany
Read more about our
villa in Tuscany
or read about
flat in Tuscany
Read about:
100
must see places to discover Tuscany
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