modicasa blog

The Piano Casa has been approved for Sicily, and consents the increase in volume for existing property.  Only houses finished by 31.12.2009 and with a volume of less than 1000 cubic metres are eligible.
Also, any house that is wholly or in part ‘abusivo’ or which has been sanato cannot take advantage of the new law.   Any property which forms part of the piano casa must be in regola, destined as a habitative space and be current with the payment of all taxes due on the building.
It is possible to demolish and rebuild residential property completed by 31.12.2009 using green building methods and energy saving fonts of energy thereby gaining between 20% and 35% of the existent volume.  Obviously the greener the new build the greater the increase in volume permitted.
It is also possible to demolish and rebuild on a different footprint, though remaining in the same property as long as the original (demolished) footprint is destined as green space or as parking for the property.  It is also allowed to construct one or more underground floors, destined as parking on the condition that the comune is granted the green space above.
In those buildings not classed as residential, an increase in volume is permited up to 25% of the covered space, but not more than 400mq.  This  25% of the existent volume must use green building techniques, and this can be augmented to 35% using renewable energy sources.   Excluded from this class are hotel and touristic buildings, aswell as commercial buildings and which must in any case fall into the designated areas of the local urban law as ‘industrial’.
The law was passed on 12 March 2010 and the comunes now have 120 days to make local adjustments to the regional law, which means that the piano casa should be fully active by mid July.  All work done under the Piano Casa must be completed within 2 years.   It appears that it will be the individual comunes decision whether the work can be done with a simple DIA or whether it will require a concessione edilizia.

After a meeting with an all party committee, the omens are good that Italy will decide not to adhere to the request for the abolition of the role of ‘agente immobilaire’ as requested by the European Directive on Services throughout the Europe zone.  FIAIP has pointed out repeatedly that the abolition of the need for an agent to be registered would lead to a free for all which could only harm the consumer (buyer) and the profession needs more regulation, not less.  There will be a ruling next week which will confirm the governments intended action.

After a year, it looks like Sicily will shortly have a piano casa.  It has been mired in a row of whether it should aadopt over 600 amendments to the original bill - as always it has become a party issue rather than what is best for Sicily.  HOwever next week the plan should be approved and will be largely what the original draft laid down last year.  20% for extensions, and up to 35% if you knock down and rebuild using green technology.   After the passing of the regioinal bill, the comunes will have 90 days to make their amendments.

For anyone dealing with Maltese estate agents who say that Europe is a free market and they can sell property in Sicily, the European Directive on freedom of serviced has NOT been ratified by Italy.  This means that any part of a sale that takes place on Italian soil has to come under Italian law.  A Maltese agent can only sell illegally in Italy if they are not tied in with a registered Italian agent.  If you sign a compromesso in Italy, if the mandate for the sale was signed in Italy etc, the agent must be named in the Italian act of sale and his commission declared in front of the notaio.   Not to do so is illegal for the buyer, and means you have no protection in law.  it can also mean your act could be rendered null - so its not worth the bother.

The piano casa for Sicily is now in front of the region to be ratified.  Don’t hold your breath - there have been 600 amendements submitted by the different parties, everything from whether you will need permission to work to whether you can build in the centro storico and on the beach …. We wait with baited breath…. and then another 90 days…

Sicily has finally approved the Piano Casa which should come into force in spring 2010 - though each province and comune now have 90 days to make their own adjustments and changes to the blueprint.  It is a backward step from the piano casa decided last summer, and reinstates the original percentages for ‘ampliamento’ and rebuilding.The essence of the new Piano Casa is:Ampliamento of single dwellings up to 20% of the existing volume, up to a limit of 150mc, and up to 35% gain if you demolish and rebuild within environmental guidelines.  Ampliamento will be allowed in height, but not in width if it comes into the ‘5 metres from the boundary’ rule.Excluded will be buildings not currently ‘alla norma’, those owned by public bodies, those on land under vincoli of demanio, forestale, demanio etc.   Taxes and duties will be payable on all projects, but with up to 50% discount on demolition and rebuild, and 25% on ‘ampliamento’

The CCIAA of Ragusa is introducing an photo ID card for all registered and legally operating estate agents, which should help would be purchasers avoid the ‘abusivi’ who work without problems in the province.  Not only the ‘average Joe’ on the street corner will be affected, but the slick professional sites of illegal agents who promise the earth for a commission.  Remember that only legally operating estate agents can ask for commission on  a sale, and only the same agent  can ask for their commission at the point of compromesso.  f anyone else demands money, and has no ID card, report them to the police.  As soon as the cards are issued I will post  an example on the site.

The new airport is now awaiting the signing off of works, when it will be handed over to GESAC - the Catanese arport authority who are responsible for the running of the airport.  If the latter get a move on there is no reason why the airport should not be open for business by the summer.   The fillip that the new airport will give to the area is not to be underestimated.   I have many clients who are waiting to sell until the airport opens, convinced that it will boost house prices in the area.  While this may be true of certain properties it is by no means a foregone conclusion.

Within a few weeks the minimum lot of agricultural land required to build in the comune of Modica will be 2 hectares or 20.000 square metres.  While the index will remain at 0.03mc/mq - it will no longer be possible to buy a hectare to build a house of 100 mq, but you will have to have a minimum of 2 hectares to build anything up to 200mq.  The idea is to stop the incessant cementification of the countryside.

The latest ’scam’ by the more disreputable ‘agents’ here in Sicily is to steal other agents properties.   Unfortunately this is of no help to the client, who will see a property on one sight and again, considerably cheaper, on another.  The agent with the ‘discount’ has usually taken the photos from the original site,  or taken photos of just the exterior of the  house and marketed the property without permission or a mandate from the owner.  When somebody makes an enquiry the proprietor is contacted for the first time, and the client is told that the price has been raised.No reputable agent wants his prices to be higher than those of the competition, so always feel free to inform an agent that the house is being advertised cheaper elsewhere.