Decreto Salva Casa
The Italian government on 19th July approved the Decreto Salva casa. The draft text of the new law is designed to legalise “abusive” property (“disposizioni urgenti in materia di semplificazione edilizia e urbanistica“) which will go before the Senate on 28th July. The new regulations will enable Italian home owners to regularize minor building abuses such as extensions or additions to an existing property (carried out before 24th May 2024) and free up their property to be sold. The maximum additional space can be...
read moreConfirmation of permanent residence for British citizens
The Ministero dell’Interno has issued guidance to the Comune in relation to British citizens, resident in Italy since before 31.12.2020, the end of the Brexit transition period. This Circolare confirms that British citizens are still entitled to obtain a certificate of permanent residence from the Anagrafe (“attestazione di soggiorno permanente“). See below Circolare n. 66/2024 issued on 17th June. In other words, as guaranteed by the UK-EU Withdrawal Agreement, British citizens continue to have the right to obtain a...
read moreREDUCTION OF IMU FOR UNOCCUPIED PROPERTY
IMU tax payable on Italian property can be reduced by 50% where the property is unoccupied having been declared “inagibile” or “inabitabile”. The reduction is applicable only for those months in a given year when those condtions applied. However an owner who wishes to pay the reduced tax must first have ensured that the conditions have already been comunicated to or known by the Comune (see caselaw of the Cassazione Civile judgement no. 26679 of 15.9.2023). The exemption has to be certified, either by the Comune itself...
read moreNew visa for smart-working in Italy
With the publication of guidelines for Italy’s Digital Nomad Visa in April, 2024, the country opens its doors wider to a new wave of residents: highly skilled remote workers from outside the European Union. The visa was first introduced by legislation in 2022, see link to our article here: NEW VISA FOR REMOTE WORKING AND DIGITAL NOMADS The visa is designed for non-EU citizens performing remote work as freelancers or employees or collaborators of companies based outside Italy. Specifically the type of work performed must be “highly...
read moreNew rules for declaring short-term rentals
All property owners who rent out their Italian property for stays of up to 30 days (even if only once a year) will need to be registered by 1st September 2024 on a centralised national database, which will include all other tourist structures like hotels and agriturismi. In order to register the property owner will need to apply from the portal of the Ministry of Tourism for a codice identificativo nazionale (CIN). The number must then appear in any online platforms such as Booking.con and Airbnb and be displayed outside the property. The...
read moreRecognition of a Lasting Power of Attorney in Italy
In case of advanced age and the onset of dementia, the loss of mental capacity of a family member can present legal obstacles when relatives need to access their savings or sell their property to fund their future care. In the UK a Lasting Power of Attorney (LPA) is a useful tool which can be signed and registered with the Office of the Public Guardian in advance of a person losing capacity. The LPA can be signed to allow attorneys to manage a person’s Property and FInancial Affairs and/or for Health and Welfare. There can be...
read moreUK entry visas – Health surcharge
The Immigration Health Surcharge has increased as of 6 February 2024 from £624 to £1035 per year. Unfortunately, this is a substantial increase and will be multiplied on the basis of the length of the UK entry visa which the applicant is applying for. Now, the Immigration Health Surcharge will be more expensive than the Home Office application fee itself in many circumstances. Another increase could be in force from October 2024, so we would advise clients to apply prior to this date where possible.
read moreUK entry visas – definition of partner
For our clients resident in Italy and worldwide we wish to advise you that there is now the opportunity to apply under the Partner Route to enter into the UK for those who have not cohabited for 2 years “akin to marriage”: Previously, in the UK Immigration Rules (Appendix FM) a ‘partner’ was defined as: Spouse Civil partner Unmarried partner, where the couple have been living together in a relationship similar to marriage or a civil partnership for at least two years. This meant that unmarried partners who had not cohabited...
read moreVotes for life in 2024
Oliver & Partners were proud to have supported Harry Shindler in his campaign to restore voting rights to the estimated 3.5 million British citizens living abroad. From 16th January 2024, when the Elections Act 2022 came into force, British citizens living outside the UK for any length of time may now register to vote in UK elections, if they meet one of two conditions: they were previously registered to vote in UK elections, including as an overseas voter, or they were previously resident in the UK before moving to an address...
read moreDivorce payments and cohabitation
The Italian Supreme Court has recently ruled in ordinanza No. 35385 of 2023 that the fact of pre-marital cohabitation of the spouses constitutes one of the parameters calculating the divorce allowance. The Court pointed out that pre-marital cohabitation represents “a custom increasingly rooted in the behavior of our society which is accompanied by an increased recognition of de facto ties, understood as family and social formations tending to be of an equal standing of those of marriage.” According to the Supreme Court, therefore,...
read moreCodice fiscale for overseas heirs
The Italian tax office has confirmed, in written opinion no. 407/2023, that an heir to an estate in Italy, resident abroad and without an Italian codice fiscale can in any case be listed as an heir in the declaration of succession. Where the heir has never been issued with a codice fiscale, the only information which must be provided in the declaration of succession is the heir’s relationship to the deceased, their full name, date and place of birth and overseas address. The ruling was made following an application to the Agenzia delle...
read moreSeparation and divorce in Italy
As part of the reform of the justice system which came into force this year (Riforma Cartabia), a new procedure for filing for legal separation and divorce in Italy has been introduced. Up to 2022 a couple would need to have an order from the Italian court for legal separation, before proceeding to a divorce. If the separation was contested by one of the spouses the court proceedings leading to a separation order could take three years or more. An application for divorce could then only be made, by filing a new petition to the court, after a...
read moreTax and financial planning events in October
We are publicising this interesting event which may be useful for our international clients and owners of property in Italy. Gareth Horsfall, financial advisor of the Spectrum IFA Group, who has been based in Italy for many years, has organised two dates (“Le Tour de Finance”) on which a panel of international guest speakers will discuss topics in the field of Tax and Financial Planning. Tuesday 17th October Castello Semivicoli – Abruzzo Wednesday 18th October 2023 Villa Anitori – Le Marche One of the...
read moreExpiry of UK passports
Many UK passport holders entering EU countries over the summer were turned away at the boarding gate for their flights and were told that their passports were out of date despite the expiry date in their passports being at a future date. Passports that have been issued since Brexit i.e. the new blue passports only have a validity of 10 years. This issue is only in reference to the old red passports that had European Union written on the top. Prior to Brexit, UK passport holders could travel in and out of the EU as long as they held a valid...
read moreWhat is habitability?
Checking the planning permission status of an Italian property before purchasing is just as important as studying the title or legal ownership history. A Buyer who carries out a proper due diligence review of a residential property in Italy, before committing to a binding contract, should always ask the Agent or the Seller or their surveyor if the property has a certificate of habitability. In Italian this is the certificato di abitabilità also previously known as agibilità. This certificate confirms that the property is fully in line...
read moreNew ETIAS travel permit
The European Travel Information and Authorisation System (ETIAS) will be in force from 2024. British citizens and nationals of other third countries/non-EU states, who up until now could enter the Schengen Area without a visa, will be required to obtain this travel authorisation permit before entering Italy and other countries in the Schengen Area for a maximum period of 90 days in any 180 day period. The ETIAS will be a “security screening tool” to confirm identity and assess the security risks of foreign nationals who wish to...
read moreThe Local Italy – Italian citizenship
Solicitor and Avvocato stabilito Aleksandra Broom is quoted in this new article published in The Local Italy. The article discusses applications for the recognition of Italian citizenship via descent from Italian ancestors (ius sanguinis). The Local How to apply for Italian citizenship through ancestry 6 JULY 2023
read moreDelays at the Italian Consulate
Aleksandra Broom was interviewed by the Local Italy on applications for visas and for Italian citizenship. The article considers how the system is frustratingly in deadlock with very long waiting times for an appointment. The situation is dire at the moment, in particular at the Italian Consulate in London which is overwhelmed from applications from British citizens...
read moreEU Succession Regulation and renouncing an inheritance
Since the EU Succession Regulation came into force in 2015, its rules on cross-border successions apply to estates of deceased persons whether they were resident in Italy at the time of death or they owned property situated in Italy. The EU Succession Regulation applies to estates relating to citizens of third countries as well as citizens of EU member states and aims to simplify and clarify the administration of the deceased’s assets, in particular laying down guildelines for determining which country’s law should apply to the...
read moreThe Cartabia reform of the Italian legal system
The Cartabia reform (“riforma Cartabia”) is the hottest debated topic of the moment in courts and law firms throughout Italy. The new rules cover both the criminal and civil courts and are due to come into effect from 1st March 2023. Marta Cartabia was the former Minister of Justice in the Mario Draghi government, and was responsible for overseeing the drafting of legal reforms which came into force with the 2022 Legislative Decree (Dgls n. 149 del 10 ottobre 2022). The two main aims of the reform are to reduce the backlog of...
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