Specialist Advice for Moving to Sicily: Solicitors, Surveyors and Accountants

After many years helping international buyers find property in Sicily, and make the island their new home, we know we can justifiably consider ourselves very well-versed in all manner of topics related to assessing, buying, and living in Sicilian houses.

However, we know that when you ask the big questions, the most reassuring reply can sometimes be an honest “I actually don’t know – but I know somebody who will do”. We’re always as happy to put you in touch with the right specialist professional as we are to solve your problems ourselves.

In this article we’ll look at the things that most often catch our clients by surprise when they first buy here, and then discuss the figures who can help solve those issues best. We’ll even introduce you to some examples along the way…

What’s different when you buy property in Sicily?

Every country has a different systems and conventions for house buying. If you are buying a house in Sicily, you might find it almost exactly the same, or confusingly different. And of course, we can’t claim to be experts in every country’s real estate practices! But after many years in the industry we’ve noticed some things that our clients often find surprising about buying a home here.

Forewarned is forearmed, so let’s run through some of the most common…

1. Impartial Agents

In many countries it’s standard practice for the agents to be engaged by the sellers. This means that they have every incentive to get the place sold as quickly as possible, and for as much money as they can.

In Italy, realtors like ourselves have an obligation to both parties. It is a very strict matter of law that we must disclose all of the information we have about a property. If you choose to work with Property in Sicily, this gives you the highest possible guarantee, since we go out of our way to check all properties in person and in great detail. Even if you’re buying remotely – as many of our clients do – you can do so in full confidence.

2. The Notary

Clients from the UK and USA have been shocked to hear that not all buyers and sellers in Italy will engage their own lawyer. If you come from an adversarial system, you will be used to the idea that a pair of conveyancing solicitors, one acting on behalf of the buyer and the other for the seller, will exchange letters in a process of enquiries and responses. This gives the buyer a feeling of security, because they know that a legal expert on their team will be checking the most important details relating to the property’s title, ownership and legitimacy.

In Sicily, as in the rest of Italy and much of Southern Europe, the figure of the Notary becomes fundamental. They are an impartial professional whose job is to check all of the relevant documentation and prepare the contract of sale. These figures are some of the most respected and highly qualified members of the legal profession in Italy, and their involvement, combined with the neutrality of the realtors, gives many buyers and sellers the confidence to act without the additional expense of a lawyer.

3. Surveyors

English-speaking buyers are often very surprised by the fact that most Italians don’t pay for a survey before they buy a house. In the UK, for example, it is almost an automatic step, and will invariably be insisted on by a financing bank. In Sicily it is seldom a factor in the process. Chartered surveyors do exist in Italy, and you can find a register of 64 companies accredited by the British Royal Institution of Chartered Surveyors (RICS) here, but you will see that with only one single exception – a firm in Naples – all of them practice in the north of the country, from Rome upwards.

Many local technicians, who could be called upon to give a qualified opinion on the condition of a building, are reluctant to do so in writing because of concerns that their professional insurance will not cover them if a fault is later discovered which they did not notice. Indeed, if you’re buying a building to renovate, say in the natural parks of the Nebrodi or the Madonie, there could be so much to do that a survey would be totally exhaustive.

What some of our clients have found a satisfactory solution is bringing in an English-speaking engineer to conduct a site visit with us, and them if they can be present in person. In this way they can get a comprehensive oral opinion on the condition of the house. An advantage of this less formal kind of consultancy is that you will also be able to get a frank and informed estimate of the costs involved in the renovation work, from someone who understands the local market perfectly.

4. Financing

If you are purchasing something a little more extravagant than a small renovation project, you might reasonably want to know about your options for getting a mortgage. There is good news and bad here.

The good news is that there is no legal obstacle to non-residents obtaining a mortgage loan from an Italian bank.

Unfortunately, the bad news is that they are very hard to get, and even more so in the south of the country. The  loan-to-value (LTV) threshold for overseas buyers is usually 50-60%, meaning that you would be expected to put down at least 40-50% of the purchase price. Here you can find a team of brokers that might assist you in this situation. Almost no bank here is interested in lending for renovation costs. Ironically, smaller sums are even harder to get – a request for under six figures will be immediately refused in most credit institutions. To make things worse, banks in the UK won’t lend on an Italian property, even if they would on a French or Spanish one.

You should also be aware that, unlike in many northern European countries, it’s not common for a purchase offer to be contingent on mortgage approval. Indeed, if you try to insert a clause like this you would almost certainly risk scaring off the seller. One response to this would be to increase the size of the non-refundable deposit, although this obviously puts more of your capital at risk.

Legal Advice

Will I need a lawyer to buy a house in Sicily, and if so, which one should I choose? We can’t make the final decision for you, but we can certainly give you our best advice on when one might be necessary, and suggest people working in the right part of the island and the right disciplines to solve your legal problems.

As we discussed above, when buying a property, most Sicilians are content to put their trust in the agent and notary. However, depending on the cultural background and perhaps the sums of money involved, we understand that our international clients may be more comfortable with a solicitor-type lawyer.

If you would like us to put you in touch with one we would be very happy to find someone who can speak your language and knows the area where you are buying your new home.

In Sicily the personal dynamics of professional relationships are paramount, so there are big dividends from maintaining a long-term association with any professional figure. We would therefore suggest that you let us help you find a versatile avvocato (lawyer) who can then offer you support with various other legal issues which may arise after the purchase is complete. The general lack of demand from the market for specialist conveyancing practitioners means that it is much easier to find a versatile practitioner, in any case.

Here’s a quick run-through of some other services which it might be helpful to ask your lawyer if they provide:

1. Immigration Law

Citizens of almost all countries in the world can buy property in Italy, but depending on where you’re moving to Sicily from, and which passports you hold, you may need to apply for a visa before coming here. If you do not have an employer who can sponsor your for this, options exist for the purchase of a so-called golden visa, and a lawyer will be able to help advise you on this.

2. Real Estate Law

Unless you are willing and able to persuade a surveyor to come south and act on your behalf, you may find that your most secure route for conducting due diligence before making an offer is to place the matter in the hands of a lawyer. If you are planning on getting a mortgage they may be able to offer insight and peace of mind. And any form of cross-border purchase benefits from the scrutiny of someone who understand international conveyancing.

3. Tax Law

Whether you’re working as an individual employee, a freelancer, running your own small business or retiring on pension income, private or public, you want to be certain that you are dealing with it in the right way. And good legal representation is a two-edged weapon to have at your side: it will help you avoid falling foul of the many complications in the Italian tax system, and it will also make sure you know how to take advantage of the flat tax regime, the new residents’ incentives or the advantages on offer to retirees coming to the island, there are numerous ways to reduce your tax liabilities and you don’t want to miss out on any of them. 

4. Business Law

If you’re planning to start a new business in Sicily, you will certainly need a strong legal advisor with whom you share a common language. From the incorporation of a business, or an agricultural company, to the guidance you need to make your innovate startup grow legally and effectively, your lawyer will of course be one of your most important figures.

Even business activity as small-scale as offering your empty property for rent on Airbnb can be subject to specific tax and legal requirements. You may also need help to compile an annual company tax return.

5. Asset Protection

If you are planning to make Sicily your long-term base, it follows that the island will also be home to many of your assets. Whether you need to manage liquid assets, create a family fund or a real estate trust, you need the best advice.

It is always the kindly act to plan for the worst case scenario, and writing a will is recommended by all legal professionals. Some will offer trustee services, whether for ongoing wealth management or inheritance purposes.

Technical Advice

When you’re taking on any kind of risk, you want to know that you’ve taken every step you can to protect your investment. From helping you feel comfortable putting in an offer on a property, to new construction work you might want to do after the purchase is complete, we can get you the very best specialist advice for moving to Sicily.

1. Surveyors

The easiest and most cost-effective form of survey which can be obtained, and one which satisfies the needs of most of our clients, is a certificato di stato legittimo. This is a certificate issued by a recognised technician, declaring that after all plans and other documents have been checked, and the house has been accurately mapped and measured, what is there corresponds accurately to the public record. In other words, it guarantees the legitimacy of all previous building work. Where a house was built before 1967, it can also include official photography released by the Italian Air Force. These images can document the existence and design of a house at a certain date in the past.

If you do need a more detailed document, you have a choice between three kinds of survey. A perizia semplice is the simplest kind of report on the condition of the house, which can be compiled by any registered architect, surveyor or engineer. A perizia asseverata is a more binding version of this because it requires the practitioner to take personal legal responsibility for the contents. These can be hard to find in Sicily. The most extreme level of survey, a perizia giurata, is backed by an oath which must be sworn before a judge in court.

2. Architects

If you are planning to build your own property (for example on an empty plot of land) or making significant alterations to an old building, then an architect will obviously be the most important member of your team. However, they can also be useful consultants.

As we mentioned above, they are able to prepare detailed forms of survey report, but because they are embedded in the industry, working closely with engineers and construction teams, they are able to give you a very realistic estimate of the costs involved in any modifications or restoration work you plan to do on your new purchase.

Financial Advice

For all but a lucky few, navigating the world of finance in Italy can be a bewildering and stressful experience. While the attractions of our beautiful and fascinating island can make you feel bold, it only takes a few bumps in the road for the romantic dream of relocating internationally to feel like a very heavy responsibility. The best way to avoid this is to make financial decisions with someone who knows how to explain the system in language you understand. As your guides to the world of investing in Sicily, we want to put you in touch with exactly that person.

1. Accountants

While a lawyer, as we mentioned above, will be able to offer a certain amount of guidance on fields like business administration and taxation, there are times when a specialist accountant is the best choice for you.

We are well connected with top accountants, many of whom speak English and other European languages, especially those who work in the provinces of Palermo and Trapani. Take the stress out of managing your finances in a new country with the best assistance you can get.

2. Insurance Brokers

Last but certainly not least, we do have great ties with insurance professionals – both those who work in-house at major agencies and brokers who can help you compare the best offers from across the whole marketplace.

You’ll certainly want to protect your new investment from risks like fire and flooding, and you should also be aware that unforeseen eventualities like falling plaster or burst pipes could result in a civil liability. All of these risks can of course be mitigated by the right policy.

Conclusions

Any kind of professional relationship is only as good as the trust that exists between the two parties. So we’re not tied into promotional arrangements with anyone in any of these fields and we’ll never push you towards one particular practitioner. However, if you want to take advantage of the extensive contact lists we have built up over our years of finding our clients specialist advice for moving to Sicily, we’d be delighted to share our recommendations and make introductions to anyone you’d like us to help you meet.

If this has given you the confidence that your Sicilian plans can become a reality, it’s time to look through our entire portfolio of carefully chosen properties.

Or, if you know you’re looking for something truly special, you might want to start with our prestige homes collection.