, Outside Rome
LEASE: NEWS 'AND CHANGES.
The housing plan of the government has reduced the rate of dry coupon from 15% to 10% for contracts negotiated rents. For contracts already concluded the advantage is automatic as of January 1, 2014, for contracts negotiated rents without coupon dry, the owner can opt for the flat rate within the period for payment of the registration year.
Another innovation is that the Constitutional Court has ruled that it is unconstitutional the provision that provides for the reduction of the rent to a minimum for owners who do not register the leases. The Advisory deletes "discounts" provided for the conductors who denounced the contracts in black and allowed the tenants to register their own initiative on the lease at any office of the Revenue, by applying an annual fee equal to three times the cadastral income, more Istat adjustment. A sum, then, up to 70-80% lower than the figures of the market.
Please note that the Stability Law (147/2013) introduced the ban on the use of cash for payment of rents exceeding one thousand euro.
CERTIFICATE OF ENERGY PERFORMANCE (A.P.E.)
In case of sale, transfer of properties at no charge or lease of new buildings or building units, where the building or unit not already equipped, the owner is required to provide the energy performance certificate (APE ).
It is expected also that in all cases the owner must make available the energy performance certificate to the prospective buyer the start of their negotiations and deliver it to the end of the same.
This provision introduces, therefore:
a) the obligation for the seller to make available the energy performance certificate from the start of negotiations and, therefore, to deliver it to the prospective buyer to close them; For example, even if the conclusion of a preliminary contract (or even at the time when the acceptance of the proposal is made known to the proposer, innovating the prior regulations which provided for the delivery only at the inception of an act of translation for consideration ); in the same paragraph provides that, in case of sale of a building before its construction, the seller must provide evidence of its future energy performance and should produce the energy performance certificate together with the declaration of completion of work;
b) the obligation of the landlord, who enters into a new lease or sublease, to equip the good of the EPA. This should be a contract "new": it follows that remains exempted from the owner that renews the contract to the one which was already tenant of the property by virtue of a contract already in force on the date of June 6, 2013. This framework is applies, affinity, provided it is new contracts, including leasing contracts (relating to a building involving energy consumption) and corporate lease in which the lessor makes available also the good in which business is carried on business (if the relevant contract also includes the rental of buildings involving energy consumption) and both agreed the payment of a fee in part attributable to the rent of the company and partly due to the lease of the premises. As of December 24, 2013, the EPA must be attached only to the new locations of entire buildings, for the rental of individual units is only obliged to inform the landlord of their conductor on the energy performance of the property it hires, but without attaching the certificate;
c) in the case of preliminary contracts (both new buildings and existing buildings), the promissory seller must make available the energy performance certificate to the promissory buyer since the beginning of negotiations and physically deliver it at the close of the same; it follows that, in the preparation of preliminary contracts in which the notary is involved as a public official, should disclose, with a special provision, that fact;
d) in the case of compulsory sales which target properties "on paper" (ie not yet come into existence), the seller must make informed the potential buyer of the '' evidence 'of the "future" energy performance of the property, as well as being obliged - as it was before June 6, 2013 - to deposit the energy performance certificate in the City, together with the declaration of completion of work). In the case of sale or lease of a building before its construction, the seller or tenant (ed this is clearly a mistake of the legislature that would have, correctly, refer to the lessor) provides evidence of its future energy performance and produces the energy performance certificate within fifteen days of the request for issuance of the certificate of occupancy.
In contracts of sale, in the acts of transfer of property free of charge or in the new lease of buildings or individual units is inserted a special clause whereby the buyer or tenant to acknowledge receipt of the information and documentation , including the certificate, in order to certification of the energy performance of buildings.
The obligation to equip the building of an energy performance certificate does not apply where either have an ACE certificate valid, issued in accordance with Directive 2002/91 / EC.
Compared to the text of the Decree. 63/2013, was introduced a new highly relevant for the notarial activity, which provides that: "The energy performance certificate must be attached to the contract of sale, deeds of transfer of property free of charge or to new leases, under penalty of nullity of the contracts. ".
It is an absolute nullity (and no more than a nobody called. "Protection" or "relative") that, as such, can be relied on by anyone and can be raised by the judge; the consequent action likely to the nullity of the contract is not subject to prescription and void contract can not be validated. Since the law refers only to sales contracts and acts of transfer of properties at no charge, it is believed that if the preliminary contract (as well as in other types of contract that can be considered conclusive of a deal, but having only binding effects and not the translational ownership of the property) can not be no requirement to attach, or even less, about sanctions that may apply regarding the validity of the contract.
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