Glossary
Abitabilità | Habitability | Certification demonstrating that the property is suitable for human habitation. This results from factors such as specific height requirements, natural illumination, safety regulations (heating and electric). |
Abitazione principale | Main Residence | For tax purposes used to get discounts on income tax and municipal tax (IRPEF & ICI) |
Abuso edilizio | Building Irregularity | Irregularities resulting from unauthorized buildings, extensions or modification that have not been allowed through retrospective planning permission. Such issues prevent the sale of the property |
Accertamento | (Tax) Assessment | Carried out by the tax police to ascertain the declared value of the property. This assessment is automatic if declared value is less than 100 times the notional rental value. |
Accollo del mutuo | Mortgage Takeover | Where the buyer takes over any mortgages on the property he/she wishes to purchase and continues the outstanding repayments. This obviously requires a discount on the sale price. |
Acconto sul prezzo | Down Payment on Price | A sum of money paid to the vendor contributing to the agreed price. This is not an earnest money deposit and is simply refunded if the sale does not go through. |
A Corpo | As a whole | Sale is as a whole and not based on a unit value such as per square meter. |
Affittacamere | Room rental | An activity regulated by public safety regulation for those who wish to rent out rooms as a profession. |
Agente immobiliare | Estate agent | An intermediatory for sales transactions. The agent must no town the property in question and must be professionally listed at the Chamber of Commerce. |
A misura | Per unit measurement | Sale of real estate based on a unit measurement (eg. square meter). Rarely used for residential sales due to potential risks involved. If there is a difference between that declared and the actual area, the buyer can claim damages. |
Amministratore condominiale | Condominium Administrator | Nominated by the condominium members on a yearly basis. For condor with less than 5 apartments this role is optional. |
Ampliamento | Extension | Building works that increase the area or volume of a property. |
Annotazione ipotecaria | Mortgage remarks | The publication of the transferral of mortgage credit to from one bank to another. |
Appalto | Contract | A contract including labour and/or supply of material to produce goods/real estate or services |
Arbitrato | Arbitrator | Easier alternative to law courts for dispute resolution |
Assemblea di condominio | Condominium assembly | Representing the desires of the condominium. All condo members attend and in certain cases usufructuries and tenants generally for decisions regarding heating and air conditioning. |
Asta immobiliare giudiziaria | Judicial auction | Under certain circumstances, the judicial authorities may force the sale of a property. The auction starts with a base price on which each participant can raise the bid by a predetermined amount. The accepted highest bid is temporary for a period of 10 days during which it is possible to increase the bid by one-sixth of the accepted price. In this case, a tender is set up to establish the highest bidder. |
Attico | Top floor apartment | A flat roofed apartment with large roof garden. |
Atto notorio | Notarised Deed | A document issued by a public official of minutes or sworn declarations |
Atto pubblico | Public Deed | A document overseen by a Notary Public or public official in accordance with Italian law that is generally carries out specific checks of the content. |
Atto sostitutivo di atto notorio | Affidavit | A declaration that substitutes certain public documents carried out in front of a public official who ascertains the identity of the person but not the content of the document. |
Autocertificazione | Auto certification | A signed declaration that substitutes public documents with an annexed identity card. |
Autorizzazione edilizia | Building Permit | A permit issued by the mayor of the municipality to carry out specific types of work such as special maintenance, insulation work etc). The submittal is assumed approved if there are no comments or clarifications within a 60 day period. This increases to 90 days for car parks. Such authorizations have been replaced by the DIA submittals. (see DIA) |
Bed and Breakfast | Bed and Breakfast | Home based hospitality based on rooms within the house and includes breakfast, cleaning and change of bed linen. VAT numbers or special registrations are not required. Earnings are declared under the 搈iscellaneous income?section of tax returns. |
Bene Immobile | Real estate | Includes the ground, the buildings, the wells, waterways and all that is artificially or naturally incorporated on the ground (eg. trees) |
Bollo | Tax Stamp (Stamp Duty) | The name derives from the stamp applied to deeds or contracts for state taxes. The omission of such stamps does not make the deed null and void however fines are foreseen. |
Buona fede | In good faith | May be insufficient to relieve one from an illicit deed if not accompanied by the normal due diligence. |
Cancellazione di ipoteca | Removal of Mortgage Charge | Removal of the mortgage charge recorded in the land registry. This happens following the repayment in full of the loan. |
Canone | Rent | Periodical payments in return for the use or enjoyment of property or services. |
Caparra confirmatoria | Earnest money deposit | A sum to guarantee the fulfilling of a contract. If the person paying this sum defaults, then they lose the refund. If the Vendor defaults, he/she refunds twice the sum. This does not exclude further claim to damages as per art. 1385 of the Italian civil code. |
Caparra penitenziale o penale | Earnest money deposit | An agreed sum to guarantee the fulfilling of a contract. This excludes further claim to damages as per art. 1386 of the Italian civil code. |
Capitolato | Specifications | Description of the works and materials to be employed for the construction of a new building or the renovation of an existing. |
Carico urbanistico | Urban index | Allowable volume and quantity of buildings constructed or to be constructed in a given area. |
Casa d’epoca | Period House | Generally used to describe an older building of noble origin. |
Casa rurale | Rural Dwelling | Farmer’s dwelling with all the necessary outbuildings to carry out farming activity. |
Catasto | Land Registry | Used to survey all real estate and establish their value for the purpose of taxation. |
Catasto terreni | Land Registry – Rural | An inventory of land, rural buildings, roads, water ways and other constructions. |
Catasto urbano | Land Registry – Urban | An inventory of all buildings. Recently includes rural buildings. |
Categoria catastale | Cadastral category | Used to associate a category to each type of building depending on their use. Within each category there are further distinctions according to the importance (eg. A1 for noble property) |
Classe catastale | Cadastral class | Categories have a further division known as 揷lasses?that refer to the quality and state of the property. In some cases, there can be up to 20 classes within a category. The lower the number the lower the quality or state of repair. |
Cauzione | Guarantee deposit | Used as a guarantee to cover any potential damages. Sometimes required by law. |
Certificato di destinazione d’uso | Destination of Use Certificate | Certificate issued by the local municipality giving the zoning of land plots according to the Area Development Plan. This certification is mandatory for deeds of sale. |
Certificato di prevenzione incendi | Fire Regulations Certification | Certificate issued by the provincial fire department stating that the property in question is compliant with fire regulations. |
Clausola abusiva | Abusive Clause | A clause that may be judged unfair or detrimental if not counterbalanced by another clause that favours the other party. |
Clausola compromissoria | Arbitration Clause | A clause that allows disputes to be resolved outside a court of law in arbitration. |
Clausola di indicizzazione | Money Index Clause | A clause that index relates money to a predetermined index. |
Clausola Istat | ISTAT Clause | A frequently used inflation related money index based on national statistics related to the cost of living for families, factory worker and white collar employees. |
Clausola penale | Penality Clauses | A clause establishing the penality for defaulting on specific contractual terms. (usually monetary). |
Clausola risolutiva espressa | Resolution Clauses | A clause that resolves the contract without recourse to a judge if one of the parties defaults on a specific contractual commitment. |
Coassicurazione | Multiple Insurance Policies | When damages is covered by more than one insurance policy, the policy holder is obliged to notify all insurance companies by Italian law. Payment will be made in proportion to the insurance coverage and cannot supersede the monetary damages. |
Commissione tributaria | Tax Commission | Provincial entity specialized in the resolution of disputes between the taxpayer and the Inland Revenue |
Committente | Client | The person who assigns building or plant works to a builder of tradesman. |
Compromesso | Preliminary Contract of Sale | Common term (even though incorrectly used) to describe the contract of sale. This contract is valid between involved parties only and can force the sale of a property through a court of law if necessary. |
Comunione dei beni | Joint Ownership | Joint and undivided ownership of a property as per prenuptial agreements or governing law for married couples. The sale of a property may require the consent of a spouse. |
Concessione edilizia | Building Permission | Building permission granted by the mayor of the local municipality generally used for new constructions or significant renovation works. |
Condizione risolutiva | Resolution Conditions | Conditions that determine the resolution of a contract. |
Condominio | Condominium | A type of ownership in real property where all of the owners own the property, common areas and buildings together, with the exception of the interior of the unit to which they have title. |
Condono edilizio | Building Amnesty | A mechanism occasionally introduced to gain retrospective planning permission on unauthorized works by paying a special fine. |
Conguaglio | Adjustment | An adjustment of credit or debits |
Consegna | Hand Over | The delivery or possession of a property. This can occasionally occur before transfer of title |
Conservatoria dei registri immobiliari | Deed and Mortgage Registry | Section of the property registry dealing with the recording of title of real estate and the entries of any mortgages of encumbrances. Rental contracts are also registered here. |
Consistenza catastale | Cadastral Area | A cadastral parameter used to describe the size of a property in terms of 搑ooms?defined using specific criteria. This method will be soon substituted using square meters. |
Contratto per persona da nominare | Contract to be concluded with nominated persons | This is a common formula introduced into preliminary contracts whereby the buyer reserves the right to nominate other persons, companies or entities for the completion. |
Cucina abitabile | Habitable Kitchen | The minimum area required for a kitchen as specified in the local building regulations. This is generally between 7 and 10m2. |
Dia (dichiarazione di inizio attività) | Declaration | This is a declaration prepared at least 20 days prior to building works together with plans and technical report submitted to the planning dept. by a professionally qualified architect, engineer or geometra for less significant modification works submitted to that generally |
Dichiarazione di successione | Inheritance Declaration | A declaration presented by the legal heirs to the Inland Revenue. |
Dichiarazione Ici | ICI Tax Declaration | A declaration for the payment of local ICI taxes where variations of size and use (primary or second home) are made. |
Direttore dei lavori | Director of Works | This is a legal figure that represents the Client (clerk of works) to ensure the correct and compliant execution of the contract with builders or tradesmen. |
Diritto di prelazione | Pre-emption Rights | Allows third parties (adjoining farmers, commercial activity or state) first refusal on a purchase offer at the same conditions indicated in the completion deed of sale. |
Diritto di superficie | Surface Rights | A right that allows you to construct a building without buying the land on which it is built. In general such rights have a duration of 99 years and is similar to a long term lease. By Italian law, the owner of the building coincides with the owner of the land on which it is built. |
Disdetta | Termination Notice | A unilateral declaration that terminates contractual obligations which otherwise would have been automatically up for renewal. |
Disimpegno | Corridor / Access Area | A small area with the function of connecting rooms. Generally the allowed ceiling heights can be 2.4m instead of the usual 2.7m. |
Evizione | Eviction | A warranty against eviction resulting from third party claims. In real estate contracts the vendor guarantees the buyer the refund of the price, expenses and consequential damages. |
Fallimento | Bankruptcy | A procedure whereby the assets of a business are sequestrated in favour of its creditors. The main actors are the bankruptcy court, the judge, the receiver and the committee of creditors. The creditors are divided into two groups namely privileged who have first claim (mortgage and state) & unsecured creditors who can claim the remainder. |
FIAIP | FIAIP | Federation of Italian Real Estate Agents associated with confedilizia |
Fideiussione | Bank Guarantee | Guarantees the creditor that monitory obligations will be fulfilled. |
FIMMAA | FIMMAA | Federation of Italian Real Estate Agents associated with confcommercio |
Foglio di mappa | Folio Number | A land registry map representing a segment of a greater Municipality area where the plots shapes and numbering are indicated. |
Garanzia per vizi | Defect Guarantee | A guarantee in real estate contracts against defects that could significantly reduce the market value of the property. |
ICI | Municipal Real Estate Tax | A tax payable to the municipality based on the land registry value of the property. |
Impianti elettrici | Electrical Plant | The electrical plant of a house must be compliant for the sale with the associated declaration by a qualified electrician |
Imposta di donazione | Donation Tax | Tax payable on donations. For family & extended family members there are no taxes due. For real estate, only mortgage and cadastral taxes (2% + 1%) are due. For others with the property value greater than 180,760 euro the normal taxes are applicable as per real estate sales are due on the excess amount. |
Imposta di registro | Stamp Duty / Registration Tax | Taxes levied on real estate sales. For buildings this generally amounts to 3% for primary residence and 7% for a second home. |
Imposta di successione | Inheritance Tax | Inheritance taxes on real estate recently removed in 2002. Mortgage and cadastral taxes are still levied at 2% + 1% respectively. |
Imposte ipotecarie e catastali | Mortgage & Cadastral Taxes | Levied for the sale, inheritance or donation of real estate and are applied at 2% for mortgage and 1% for cadastral. This is reduces to a fixed amount of 258,23 euro for each in the case of primary residence. |
Imposte di trasferimento | Transferral Taxes | These are the taxes paid by the buyer in the sale, inheritance or donation of real estate. They are composed of registration, mortgage and cadastral taxes |
Invim | Capital Gains Taxes | Taxes payable on capital gains removed in 2002. |
Ipoteca | Mortgage | A legal document recorded at the land registry by which real property is pledged as security for repayment of a loan until the debt is repaid in full. This procedure is overseen by a Notary Public in Italy . |
Irpef | Irpef / Income Tax | Based on a person’s income. For a property, the income is that indicated in the land registry as notional rental value. If the tax payer or his/her family live in the property, then there is a tax break equal to the amount due. |
Istruttoria (nel mutuo) | Processing of a Mortgage Application | The checks necessary to establish the mortgagee’s repayments capability. |
IVA / imposta sul valore aggiunto | VAT / Value Added Tax | Taxes levied by the state on commercial transactions. For the purchase of property from a company this is set at 4% of the declared value for the primary residence and 10% for second homes |
Locatario | Tenant | Also referred to as conduttore |
Locazione | Rental | The rental of a property over a set period for a fixed amount of money. |
Mandato | Mandate | A contract whereby a party agrees to undertake a series of legal procedures on behalf of another party. This could be the case of a Vendor instructing an estate agent to sell property exclusively on their behalf. |
Multiproprietà | Timesharing | The right to use a property for a specific period of the year. |
Mutuo a tasso fisso | Fixed Rate Mortgage | Interest rate is fixed upon signing of mortgage agreement. |
Mutuo chirografario | Loan | A personal loan for a period of up to approx. 5 years without the collateral of real estate. |
Mutuo indicizzato | Variable Rate Mortgage | Mortgage using a variable index as a reference (eg Euribor) |
Mutuo misto | Fixed/Variable Mortgage | A mix of fixed rate interest rate for a certain amount of years followed by a variable rate thereafter. |
Mutuo ponte | Bridging Loan | Gives the possibility to buy another home before selling the existing one. |
Nuda proprietà | Bare Ownership | This refers to the claim an owner has on a property when it is given in life lease. The owner has no right until the conclusion of usufructuary |
Onere | Burden / Limitation | Often results in an outstanding tax that has not been paid. |
Partita catastale | Land registry Search by Name | The list of all real estate owned by an individual or company |
Particella catastale | Land Registry Plot / Parcel | This is the representation of land plot or building owned by the same owner(s). |
Perizia | Technical Survey / Report | This is the report generally prepared by a qualified architect, engineer or geometra regarding the value of the property, reparation/renovation costs or the existence of specific problems/defects. |
Permuta | Exchange | The exchange of houses permitted by the Italian Civil Code |
Pertinenza | Appurtenance | An autonomous section of building/building that 搒erves?with the principal building. This could be a garage or a cellar. |
Piano di ammortamento | Sinking Plan / Amortization Schedule | Schedule of repayments generally divided into capital and interest. |
Piano di lottizzazione | Allotment Plan | Allotment plans generally used for new housing developments less built up areas. |
Piano di recupero | Recovery Plan | An urban recovery plans generally dealing with specific areas/villages with the idea of removing 揺ye sore?modifications and generally giving the area a nice face lift. The procedures involved are less bureaucratic and a detailed building-by-building list is available at the local planning dept. |
Piano particolareggiato | Specific / Detailed Plan | See Piano di recupero |
Piano regolatore generale comunale | Area Development Plan | This is the official reference document on which planning decisions are based. The document assigns zones for residential, commercial and industrial use as well as roads and general infrastructure. The ADP often undergoes significant modifications undermining it’s initial objectives. |
Pignoramento | Lien | An official claim or encumbrance against property used to secure a debt, a charge or the performance of some act |
Prelazione | Pre-emption Rights | Allows third parties (adjoining farmers, commercial activity or state) first refusal on a purchase offer at the same conditions indicated in the completion deed of sale. |
Prima casa | Primary Residence | Generally used from a tax perspective where there are significant discounts if the property inherited, bought or received by gift becomes the primary residence within 18 months of the transaction. |
Privilegio | Privilege | This generally refers to the privilege claim by creditors (state privilege or mortgaged properties) |
Procura | Power of Attorney | Generally used by buyers or vendors who confer special power of attorney on a person to represent them for specific transactions. Such documents are prepared by Notary Publics or through Italian Consulates abroad. |
Promissario acquirente e venditore | Buyer / Vendor | Refers to the 損romising?buyer or vendor in a preliminary contract of sale. |
Provvigione | Commission | The commission due to estate agents from both the buyer and vendor. This can vary from 2% to 5% depending on the area/ estate agents and does not include VAT levied at 20%. |
Recesso | Withdrawal | Withdrawal from a contract is allowed by law upon unilateral communication to the other party involved. |
Regolamento condominiale | Condominium Regulations | Regulations drawn up within a condominium to address items not specifically mentioned in the Italian Civil Code. Modifications are possible with a unanimous vote for contractual type and a majority vote for internal assembly type. |
Regolamento edilizio | Building Regulations | This document prescribes building procedures within a municipality, together with the function and composition of buildings, compliance of technological requirements, the characteristics of new buildings, renovation works and building sites. |
Rendita catastale | Notional Rental Income | This is a notional rental value associated with properties with the objective of applying state and local taxes. This value multiplied by 100 and increased by a specific % gives the minimum declared value for the property in question. |
Rendita catastale presunta | Estimated Notional Rental Income | This is a temporary rental value assigned to a property. |
Rendita agraria | Agricultural Rental Income | This is the rental value assigned to agricultural land according to the type of cultivation. This value has no relationship with current market values. |
Rendita dominicale | Agricultural Rental Income | This is the rental value assigned to non-agricultural land. This value has no relationship with current market values. |
Risoluzione del contratto | Cancellation of Contract | Conclusion of a contract often due to default by one of the parties or the impossibility to proceed |
Ristrutturato | Renovated / Remodelled | This term is used when a house or apartment has been renovated with no further building works required. |
Rogito | Notarised Deed | The deed transferring title of property overseen by a notary public. Can be in the form of a public deed or an authenticated private contract. |
Separazione dei beni | Separate Ownership of estate | Separate ownership of a property as per prenuptial agreements or governing law for married couples |
Servitù | Servitude / Easement | This is typically a right of way running through property in favour of third parties or through other property in favour of the owner. |
Sfratto | Eviction | A procedure requiring the assistance of a judge and the police force to carry out an eviction order. |
Subalterno catastale | Cadastral Subsection | Generally used to describe an appurtenance of a main dwelling. |
Tassa rifiuti | Refuse Tax | Tax payable for the collection of refuse and generally in ratio to the floor area of the property. |
Terrazzo | Terrace | Generally a minimum of 2m deep with a surface area of at least 10m2. |
Trascrizione | Recording / Entry | This is the recording of the transfer of title and is carried out at the land registry for mortgages and titles generally by a Notary Public. |
Ufficio del Territorio | Territory Office / Ex-Land Registry | This is the new name that unifies the land registry ?cadastral & the deeds and mortgages office |
Uso | Usage | The right to enjoy the use of immovable or movable property even though the person is not owner. (eg family member) |
Usufrutto | Right of Usufruct / Life Tenancy | The right to enjoy the use and returns of immovable or movable property even though the person is not owner. Such rights generally terminate upon death |
Visura | Search | Often refers to land registry searches to determine the composition and title of a property and the existence of mortgages or other encumbrances. |
Voltura catastale | Change of Title | Change over of title recorded in the land registry |