How safe is it buying in Sicily?

The Italian law provides probably more safeguards for the purchaser than in England.  Obviously it is a fact of life that there are people who see a foreigner and see dollar signs before their eyes.  Modicasa simply refuses to work with non-registered agents and agents who, in our opinion, do not reach the standard we and our clients require.    The notaio carries out checks to protect the purchaser, as he is required to do as an independent functionary of the state. Obviously buying a property is stressful enough when you speak the language and understand the law. In a foreign country it can be a nightmare.  Modicasa will offer advice every step of the way throughout your purchase.

Do I need to use a lawyer for my purchase?

In a straightforward process the answer would have to be no.  Lawyers tend to raise problems where there are none, or do the same checks as a good notaio.  However, there are cases when a lawyer is necessary.  We have an Italian lawyer who has worked in the UK and is fluent in English who can always help.  If you have some Italian we can recommend lawyers from the area.  We do not recommend using the big international law firms or Italo-British law firms. 

How do I pay for my house?

The law changed regularly.  It is safest to pay with bank drafts (assegni circolari) from an Italian bank account. It is illegal to pay for a house purchase in cash, gold or diamonds.  The new European laws on recycling money mean that all the monies have to be traceable, as well as the identities of the buyers and sellers.  While this does not affect our clients it does mean we have to keep records of all transactions for 10 years. 

Should I underdeclare the price?

No.  The law changed in 2006 - the taxes are paid on the rateable value of the property and not on the price paid.  there is virtually NO benefit to the buyer in underdeclaring the price paid.  Furthermore, should you sell witin 5 years you will have to pay tax on the price difference of the declared prices so you could lose alot of money.  More importantly, it is illegal - and by making a false declaration in a public act, you are open to a fine of 10.000 euros.  It is not worth the trouble. 

How much is estate agents commission?

The rate at which an estate agent can charge commission is technically set by the camera di Commercio of the province where you are buying.  It is usually, in Sicily, 2%.  However, more and more agents are now asking 3% to cover their costs.  We have heard of disreputable agents asking up to 5% from foreign buyers.   If someone does so, just refuse.

Do I have to be in Sicily to buy?

There are certain procedures that cannot be done by third parties.  A bank account must also be opened in your physical presence, a new law against terrorism and the recycling of money.  Everything else can be handled by Modicasa if you give us a mandate to act on your behalf.  Some Italian banks will let you open an account in the UK, others not.  Now there is a notaio in London who can sort out procuras - it’s not cheap, but it is possible to buy a property in Italy without ever visiting the country!

Are there English speaking architects and geometras?

Very few!   Because Modicasa covers a wide area, we have built up a network of trusted architects, geometras, tecnicos, calcoliste, and all the associated professions that are necessary to restore or build a house.  We have good links with the urban departments in the area.  You tell us what you need, and we’ll find the man for the job, whether it be an English speaking lawyer/solicitor or a man with a van for a local removal.

What is prelazione?

There are horror stories on the internet about people who have bought only to see a neighbour exercise their right of prelazione and take their property away from them.  This is very rare, and fortunately, very easy to avoid. Simple checks carried out before the purchase can verify if there is a right of prelazione, and if it could be taken.

Is Italian bureaucracy the nightmare I suspect it is?

It can be.   Even with internet and computers the Italians still prefer to have everything in hardcopy and preferably in triplicate.  It is difficult to achieve anything without being armed with a sheaf of photocopies of essential documents before leaving the house.  However, the stories about having to grease palms are nowadays few and far between.  Apart from the inevitable queues the procedures are slowly becoming simplified.

What is sanatoria / abusivo?

If someone has built, or added to their property without the correct permissions it is abusivismo.  Sometimes this can be sorted out with the authorities and the fees and fines paid to put the whole affair on a legal footing.  This is anatoria.   The general rule of thumb is that if a seller says the house is being ‘sanato’ - its fine .- just make sure it is done before you sign the act - and find out who is paying for the sanatoria...  There are some things that technically cannot be sanato - buildings on the sea shore, new terraces in the centro storico, buildings too near the confine of the land - its important to see the documentation before you sign the act.

What is Destinazione Urbanistica?

All sales of land must have a piece of paper attached issued by the comune with the DU.  This says what the land is for, and what you can do and can’t do with it.  It is valid for 1 year from the issuing date, and must be attached to the final act of sale.  It also has useful information about the land itself - if the Electricity company has a right of way, etc.  In Sicily it takes about 1 month to get a DU, and the seller must provide one by the date of the final act.