5 FAQ of the week (27-31 July)

Here are the top 5 most requested FAQs of the week!

#1 I have house plans but they don’t match the land registry plans. What does that mean?

Good. In fact, bad!

Do you know that the approved state (cadastral plans) must match the actual state (survey of the actual state)? Do you also know that, if they do not correspond, there could be abuses and you will have to pay for them?

What I can advise is, first of all, to get all the necessary documents for a safe purchase of your property, making sure that the survey is up to date on the date of the request and that the survey has been carried out recently. Also important are the building permits to verify any changes in the property. Then you’ll need to cross-check that any changes are justified by a building title.

If you have no idea how to do this, I can tell you that my colleagues at REDD perform this type of service (they also have software for automatic plan overlay – comapaREDD)!

Don’t hesitate to contact them: visit www.realestatedocumentsdata.net!

#2 Can the administrator decide not to provide me with the condominium regulations?

You are not yet a condominium owner?

The condominium administrator can refuse to provide a copy of the condominium regulations to anyone who has not yet become the owner of one or more real estate units within the condominium, in accordance with privacy regulations.

It is constant practice, however, that the seller undertakes to provide the buyer with all the documentation necessary for the transaction to be successful, including the condominium rules.

I suggest you talk to the seller.

#3 How can I verify that the systems are up to standard?

Don’t worry, it’s much easier than it seems: you don’t have to become a technician!

It is necessary, in fact, to request a Declaration of Compliance or a Declaration of Conformity of the system to the rule of art, depending on the year of installation of the system.

I would also like to point out that, in order to have a complete set of documents from the point of view of plant engineering, you must request the booklets of the systems and keep them carefully! If you want to understand better what I’m talking about, ask me in chat!

#4 What documents do I need to apply for a mortgage?

If you’re asking this question, it’s because you’ve probably decided to buy a home. Let’s see what documents you need to prepare!

1) Personal documents: you will have to provide the Bank with an identity card and tax code, a contextual certificate (residence and family), a residence permit (if you are a non-EU citizen), the homologation of separation or divorce decree and the extract of the marriage certificate;

2) Income documents: you must have the last two pay slips (if you are an employee) or pension slips (if you are retired), the last CUD or 730 form, the last two single forms (if you are self-employed), the F24 form, and the last statement of your bank account;

3) Property documents: you will need the purchase proposal or the preliminary purchase and sale agreement, the deed of provenance (i.e. the deed of provenance by which the seller became the owner of the property you are going to buy), the cadastral plan and the building permit (if the property is a new construction).

#5 What is the deed of sale?

Also known as “deed”, it is the contract, to be stipulated obligatorily in written form (public deed or private writing), with which the property is transferred from the seller to the buyer.

With it the parties undertake: i) the seller to deliver the property, ensuring that the same is free from defects, in accordance with what was agreed and ensuring against the so-called eviction (i.e. that there are no rights of third parties or that third parties can claim); ii) the buyer to pay the price.

The transfer of ownership takes place instantaneously, at the moment in which the parties sign the contract.

The deed of sale must contain the following essential elements:

(i) consent of the parties;

(ii) written form;

(iii) object of sale;

  1. iv) price.

Normally, the final contract of sale of real estate is stipulated in front of a notary, in the form of public deed or notarized private writing.

Even the “simple” private writing (not authenticated by the notary) is suitable to finalize a valid contract of sale and, therefore, to transfer the ownership of the property (provided that it contains all the essential elements).

Unlike the public deed and the notarized private writing, however, the private writing “simple” does not make possible the transcription of the deed of sale in the Real Estate Registers, form of advertising necessary because the transfer of ownership is known and, above all, opposable (effective) against anyone.

To this end, it is necessary the intervention of the notary, who is authorized to draw up the contract in the forms necessary for it to be transcribed: the public deed or the authenticated private writing.

In the documentation of a property, the deed is of fundamental importance, since it is suitable to transfer the property.

Always check the form in which the deed was stipulated, that it is valid and, therefore, contains its essential elements, and ascertain that it has been transcribed.

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