Property fractionation in Italy constitutes a path that requires scrupulous attention to numerous regulatory and procedural details. Although the desire to subdivide a property may be motivated by a variety of reasons, it is imperative to follow the correct procedures to ensure compliance with current regulations. In this comprehensive guide, we will explore the basic steps of real estate fractionation to better understand how it works in Italy.
Property Fractionation: the preconditions
Property Fractionation is a feasible option, but it is essential to comply with specific conditions. New units must comply with zoning and building regulations, including established uses and volume.
The Project and Documentation:
Before starting work, a project approved by the municipality, drawn up by a licensed professional (surveyor, architect, engineer), must be prepared. The project must contain technical details and necessary documentation.
The Notice of Commencement of Work (CILA):
It is mandatory to send the Notice of Commencement of Work (CILA) to the municipality before the start of work. This communication is sworn by a licensed engineer, who certifies compliance with regulations.
The verification of compliance:
The City may conduct audits during and upon completion of work to ensure compliance with regulations and approvals. Keeping all documentation accurately is essential.
The Cadastral Update:
After completion of the work, a Notice of Completion of Work must be sent to the Land Registry for cadastral update of the fractionated property.
Municipal charges and the IMU:
Municipal charges apply only if the fractionation results in an increase in floor area. For IMU, an exemption can be obtained if the fractionated property is used as a main residence and meets certain conditions.
Tax deductions:
Fracking falls under extraordinary maintenance work, allowing you to take advantage of the 50 percent Irpef deduction until Dec. 31, 2024.
Understanding and navigating through these steps is crucial, considering that regulations can vary between regions and municipalities. It is highly recommended to consult the relevant municipal offices or rely on professionals in the field to ensure that each step is carried out correctly. Compliance with regulations is the key to ensuring a smooth transition in the world of real estate fractionation in Italy.
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