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Real Estate Ownership: all you need to know

Property ownership

All information on the new decree law housing

House plan law

Article 5 of Legislative Decree 47/2014 states that "any person who unlawfully occupies a property without entitlement may not apply for registered residence or public utility connections for that property and any acts issued in violation of this prohibition shall be void to all intents and purposes.

The legislation contained in Decree Law no. 47 of 28 March 2014, converted into Law no. 80 of 23 May 2014, was drafted in order to combat unauthorised building and illegal occupation of properties.

Applicants for electricity, gas, water services and telephone lines must provide Enel Energia with:

  • an original or certified copy of a deed proving ownership or lawful possession or occupancy of the property unit,

or issue:

  • a self-declaration in lieu of an affidavit (under Article 47 of the consolidated text of President Decree no. 445 of 28 December 2000).

Details

How can I prove the ownership/regular possession/possession of a property?

To demonstrate the legitimate occupation of the property *, the necessary documents are:

  • declaration of regular possession of the property for which you requested the supply (a title certifying ownership or regular possession or a substitutive declaration of the deed of notoriety);
  • copy (front - back) of a valid identification document (identity card, passport, driving license, etc.).

 

You can send the documentation:

 

* Decree Law no. 47 of 28 March 2014 - Urgent measures for the housing crisis, the construction market and for Expo 2015, converted into a Law on May 27, with effect from 28 May 2014.

I have sent the documents but the supply is not yet in my name, why?

We may not have received the documents yet, or the documentation may be incomplete due to failure to:

  • receipt of the declaration of regular possession / possession of the property;
  • receiving a copy (front-back) of a valid identification document (identity card, passport, driving license, etc.);
  • compilation of mandatory data (for example data of the contract or property holder).
Can the supply contract be in the name of a person other than the property title holder? For example: electricity/gas contract in name of the wife whereas the husband is the home owner?

Yes, in this case the declaration of regular possession of the property must be completed and signed by the holder of the contract and the authorization, present on the back of the declaration, must be completed and signed by the owner of the property.
Copies of the identification documents of both must also be attached.

I was granted a MAP (permanent habitation module in areas affected by the Abruzzo/Emilia earthquake). What should I state?

Simply tick the "Other document" box and in the description section indicate - Sisma Abruzzo - MAP or Property Fund (the sections for registration data can be left blank).

I have been granted public accommodation, what should I state?

Simply tick the "Other document" box and report the data in the so-called ERP contract (Public Residential Building) or in the home delivery report or deed of assignment of the house by the municipality / institution, etc.

I am a property owner in the process of registering my property. What should I specify?

  • Simply tick the "Property" box and give the details from the deed of sale of the land (this document will contain the details concerning ownership of the property).
  • Details of the permit/application for planning permission/declaration of commencement of works (DIA)/ other authorisation (to be enclosed).
  • Enclose a copy of the certificate of use and occupancy of the building.
I purchased my property through public auction/disposal of public property. What should I specify?

Simply tick the "Other document" box and give the details from the decree of transfer (this is the document by which the judge transferred the ownership of the property).

What should I indicate in case of a "preliminary contract being registered" / Unregistered / exempt document (eg tourist lease contract)?

Just tick the "Other document" box and specify that the file (eg: location) is being registered / not registered / exempt from registration. In this case, who has the title on the property must also complete the appropriate authorization scheme (with the details of the title held). In this way it will be clear that the property has been placed in a disposition of the person requesting the supply, on a regular basis.