Many Czechs, after a beautiful skiing on the Italian corduroy combined with good food, drink and atmosphere, decide to buy an apartment in the Italian Alps. Similarly, after a summer of swimming, many people consider buying a house in one of the resorts. However, as attorney Pavel Strnad from the Czech-Italian law firm Polverini Strnad points out, buying a property in Italy is different for us and can be more risky.
“If there is one thing Czech clients know about buying property in Italy, it is that the purchase contract must be drawn up by a notary. But it is a complete misconception that the notary is responsible for the entire real estate transaction, both in terms of the balance of the contract between the two parties and in relation to the actual condition of the property. The notary is not an attorney and does not stand on the side of the buyer. His role is impartial and in practice he is looking after what he is responsible for – and that is, in principle, only that the legal state of the property is formally free of defects. Other facts are resolved with Italian elegance by reference to the declarations of the parties or other experts, and that is where the big problem may be hidden. This may not be nearly enough to protect the buyer if the seller does not also provide adequate contractual warranties, and much more detailed than the standard ones required by law. In Czech contracts, this is an absolutely common practice and is especially crucial for new or renovated properties,” says attorney Pavel Strnad of the Czech-Italian law firm Polverini Strnad.
It is the surveyors, architects and other engineers and specialists who should make a sufficient assessment of the actual compliance of the property with the permits and documentation stored not only in the Land Registry. “The formal compliance of the property with the building documentation is assessed very strictly in Italy. However, real estate properties very often show more or less discrepancies, and for older properties this is almost the rule,” explains lawyer Pavel Strnad of AK Polverini Strnad.
In the case of old properties, the general pardon for irregularities is limited to 1967. Properties built later must already be in complete compliance with the building permit. If the irregularities are not discovered in time – i.e. before the purchase of the property, so that their removal or possibly a discount on the purchase price can be demanded – they can cause many problems for the buyer in the future. Exceptions to this are not only fines and the obligation to remove unauthorised parts of the property, but also making reconstruction impossible or even criminal liability for the property owner. And in any case, it can cause serious problems when reselling the property in the future.
“For example, if as a new owner you decide to reconstruct the property immediately after purchase and the authorities find non-compliance with the construction documentation, you practically own a black building. And it doesn’t matter that the previous owner is to blame. In the most serious cases, the authorities can even order the interruption of the energy supply (gas, electricity, water, etc.) to the house. This can cost thousands of euros more. So, instead of going on holiday to a new property, you will be looking for a construction company, a lawyer, a designer and negotiating with the Italian authorities in a long and difficult way. On top of that, you’ll also be suing the original owner for compensation,” explains lawyer Pavel Strnad of AK Polverini Strnad.
“It is therefore essential not to rely on a real estate agency whose main interest is to mediate the sale. Nor can you rely on a notary to protect the buyer’s interests – just because he draws up the purchase contracts and it costs a lot of money. His role is to remain impartial. For legal and factual issues, it is therefore always advisable to turn to specialists who know how things work in Italy,” concludes attorney Pavel Strnad of Polverini Strnad.
