Building or renovating home on Lake Garda: how to buy home.

When choosing the type of property to purchase, the potential of the building itself should be carefully considered. The property, for example, may be located in a zoning area that allows for expansions; therefore, it may be worthwhile to enlarge it as well as renovate it, or even, demolish the old building and construct a completely new and larger one. These assessments are usually up to an engineer. However, once the building to be purchased has been chosen, a satisfactory economic agreement found, it is necessary for the seller and buyer to enter into a contract or deed. The contract, concluded following all applicable legal principles, must then be registered and the so-called “voltura,” or change of title, or ownership, must be made at public records and at the Land Registry offices. The professional figure in charge of drafting and registering the deed is the notary public, who thus plays a key role in every real estate purchase and sale. His or her intervention is necessary because through his or her activities and verifications he or she guarantees the parties that the purchase and sale is done in accordance with the law. Of course, these operations have a cost that is difficult to predict in advance. Notary fees have been repealed and therefore there are no parameters to refer to in order to know how much the notary’s fee is. This generally depends on the type of deed, the value of the building, and a range of issues that may require various activities, including particularly complex ones. It should be pointed out, however, that when one turns to the notary for a deed, the cost of the transaction covers not only his fee, but also the taxes, fees, and various fees he is required to pay to the state on behalf of the client, as well as the costs associated with the activities he is required to perform before and after the deed is drawn up. How to get an idea of what the costs will be if you go to a notary public? The answer is very simple: ask the notary directly for a cost estimate. In this way, in principle, you can have a fairly clear idea of how much you will spend on the practice. Then, if the cost estimate turns out to be a bit too expensive, it will always be possible to ask the District Notary Council of the area for clarification. In order to understand who is required to pay the notary in the purchase of a house, it is necessary to refer to Article 1475 of the Civil Code, which expressly states: “Thecosts of the contract of sale and other incidentalexpenses shall be borne by the buyer, unless otherwise agreed.” It is clear from the provision that payment of the Notary, by the buyer, is not mandatory. The parties, by virtue of the principle of freedom of contract, have the option to agree otherwise, perhaps deciding to divide the expenses of the deed half for one or to a different extent. The documents that the seller and the buyer must bring to the notary when a contract is made (we refer to the case where the seller and/or the buyer are natural persons), are as follows:

1. identity card or other identification document and, if non-European citizens, residence permit or entry visa;

1. the certificate of free status or, if married, the extract of the marriage act or the certificate of civil union;

1. A copy of any property or cohabitation agreements.

The buyer who has applied for a mortgage from the bank must provide the notary with the institution’s contact information to enable him to have all the necessary information on the disbursement of the same. In addition to this he must deliver:

1. The copy of the preliminary sales agreement;

1. A copy of the documents showing the amount already paid to the seller;

1. and, if an agency has intervened, the agency’s details, the agreed commission and a copy of the documentation showing how much has already been paid.

In addition to the documentation needed to identify the seller, the buyer, their status, and their whereabouts, it is necessary to hand over to the notary all the documentation related to the property that is the subject of the purchase and sale contract. As needed, these are the main documents to be submitted:

1. Copy of the floor plan filed with the Land Registry, plan conformity to the state of the place;

1. copy of the mortgage view, to check whether mortgages are registered on the property or it is encumbered by foreclosures;

1. copy of the deed of purchase of the property or the declaration of inheritance, will, acceptance of inheritance, and European Certificate of Succession showing how the seller came into possession of the property;

1. if the property being bought and sold is located within a condominium, a copy of the condominium by-laws is required, accompanied by a certificate from the condominium administrator showing that the seller has paid condominium expenses in full and the existence of any resolutions regarding extraordinary expenses or disputes;

1. Copies of all construction measures affecting the construction of the property, such as building permits, variance files, etc;

1. any cultural heritage permits, if the building is subject to superintendence restrictions;

1. Copy of the certificate of fitness or documents showing that an application has been submitted;

1. Certifications of compliance of installations (plumbing, electrical, thermal, gas);

1. Boiler booklet, showing the regularity of inspections and the efficiency of the boiler;

1. APE, energy performance certificate.

Of course, it will be the notary who will provide the parties with the list of documents that, in each case, he or she deems necessary for the conclusion of the contract. Quite often, we advise or work alongside the client or the real estate agency the client has approached, for the buying and selling stages, where the need may arise to acquire information about the property, rather than providing for the necessary documentation.

Mark D.

“As a supplier, as an area manager for Dutch multinational operating in the field of advanced wall coverings “Vescom,” I can state the careful analysis performed by the architect related to the performance of the materials and from the guarantees to the actual durability. Aesthetic and chromatic choice that responds to a high quality design concept. Last but not least, a sensitive attention to the investment, maintaining a proper balance between quality and price.”

Max G.

“A very professional, punctual architect with in-depth and up-to-date knowledge of modern materials, he excellently showed his good taste by meeting my aesthetic requirements perfectly, compatible with my budget.”

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