1 workshop spatial information management for sustainable real estate market technical session 2 –...

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Workshop Spatial Information Management for Sustainable Real Estate MarketTechnical Session 2 – Legal Issues

The real estate deeds and titles

registration system in ItalyAthens, Greece 29 May 2003

Dott. Roberta Marconi

http://www.un.org/

http://www.unece.org/

http://www.psdatm.gr/

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The real estate registration system in Italy

Athens, 29 May 2003Roberta MARCONI

In Italy the management and updating of real estate registers are assigned to Agenzia del Territorio, a public body acting under control of the Ministry of Economy and Finance, also charged with cadastre, cartography and real estate valuation for tax purposes.

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Legal aspects referring to

real estate registration

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The maintenance of real estate registers is essential for a well-functioning real estate market, as it is oriented to assure a public knowledge of the deeds concerning:

• the conveyance of a property;• the creation and the changes of rights on real estate assets;

in order to let everyone be acquainted with:

• the ownership of the real estate assets;• charges and encumbrances.

Purposes of real estate registration

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The registration has a different legal value, depending on the content of the deed:

• conveyance of a property, creation and changes of rights on real estate assets (declaring value)

• raise of a mortgage (creating value).

The legal value of real estate registration

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According to civil code, the right of ownership and the other rights on real estate assets transfer because of the agreement of the parties; transcription only serves to give the transfer a public knowledge.

The buyer has an interest in registering the deed, in order to strengthen his right towards third parties. In fact, when several persons can assert a right on the same asset, the right is acquired by the first who registers his deed, with no respect to the date of the deed.

However, the public officer that drew the deed is obliged to apply for the registration within 30 days.

The registration with a declaring value

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According to civil code, mortgages are raised by enrolment in the real estate registers, and need to be cancelled from them in order to extinguish.

When a mortgage is enrolled, it is given a serial number that determines the creditors’ order of precedence.

The registration gives the creditor a right to expropriate the mortgaged asset even if it has been sold to someone else, with a deed registered after the mortgage enrolment.

The registration with a creating value

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According to civil code, the registration of a real estate purchase takes effect towards third parties only if the deed by which the present seller bought the real estate asset has been registered (principle of transcriptions continuity).

Applying this rule, when buying a real estate asset the purchaser should check the registration of all the previous passing of title, back until the first owner.

The evidence of rights

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The principle of transcriptions continuity can be overcome by usucapion: who owns a real estate asset, continuously and without violence, for 20 years gets the right.

In order to fulfil the time required for usucapion, it is possible to take advantage of the ownership periods of the previous holders.

Therefore the time to be considered for the evidence of right of property are the former 20 years; the queries in the real estate registers are generally limited to this period.

The evidence of rights

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In some districts of Northern-Eastern Italy (i.e. Trentino Alto-Adige) there is a different registration system, which is an inheritance from the Austrian period.

Registration has a creating value also for transfers of rights of ownership or other rights on real estate assets. The deed has no direct effects, it only gives title to get the registration of one’s right.

The table system

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The real estate registers

before computerization

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Roberta MARCONI

Civil and fiscal duties following from the drawing up of a deed

Public registers

office

Cadastre

Transfertaxesoffice

Public knowledge

Mortgage

and

cadastral

taxes

Change of title

Payment of transfer tax

Deed

Athens, 29 May 2003

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In the real estate registers information are maintained with reference to the name of the rights’ owner, while it is impossible to make inquiries starting from the description or the location of the real estate asset.

The organization of information

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The computerization of

the real estate registers

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A first computerization started in 1986 and A first computerization started in 1986 and finished in June 1994finished in June 1994

A second computerization started in May 1995 A second computerization started in May 1995 and finished in August 1998and finished in August 1998

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Query by person

Query by asset Crossed query (person + asset)

The first computerization: New kinds of data queries

Natural person

Juridical person

Personal data

Fiscal code

Name

Fiscal code

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It becomes possible to submit the transcription application on a floppy disk; the original documents have to be brought subsequently.

Advantages are notable:

• For the user: a safer data input, due to elimination of errors caused by hand copying;

• For the office: reduction of duties related to data typing.

The first computerization: New ways to submitthe transcription applications

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The first computerization: New ways to submitthe transcription applications

Transcriptionapplication



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In the ’90 a reformation of Ministry of Finance unifies in a single Department cadastral and cartographic activities, together with real estate registers management.

This unification points out a lack of coordination between the real estate registers data base and the cadastral one and, therefore, the need of an overall reorganization of the information architecture of the two systems.

The second computerization: organizational background

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NOTA

Submission of transcription applications

A new procedure to submit the transcription applications on floppy disks, delivered free on professionals demands.



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At the end of the day the office automatically updates the cadastral titles.

Form60

CadastreCadastre

Notes


Roberta MARCONI

Alignment of cadastral data base information with new inputs coming from real estate registers

Athens, 29 May 2003

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Town MilanUrban Cadastre

Sheet 2Parcel 15

Sub 15

Information flows Real estate registers Cadastre

Automatic updating of cadastral titles

Control of the existence of the asset by crossing with Cadastre



Real estate registers Cadastre

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Roberta MARCONI

Reduction of duties

Public registers office

Cadastre

Transfer taxes office

Public knowledge

Mortgage

and

cadastral

taxes

Change of title

Payment oftransfer tax

Deed

Athens, 29 May 2003

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A project in progress:

On-line registration

of real estate deeds

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Requirement:

• to simplify fiscal duties related to real estate deeds (Legislative Decree 18 January 2000, n. 9)

Aims:

• to allow the users an on-line registration of real estate deeds and a self-assessment of the related taxes

• to automate the phases of control, registration, transcription in the real estate registers and updating of cadastral title. The first two phases must be contemporary with data receiving

• to optimize the information flows with the different fiscal offices

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Who are the users:

• at the present time notaries, by submission of an enabling application through the district notaries council

• in the future: other public officers

Which are their duties:

• to transmit on-line the filled form

• to receive the receipt and to check the form processing progress

• to bring the paper title, together with the registration receipt, to the real estate registers local office

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XML Standard

Java Language

Electronic Signature

UNIDOC software for on-line registration



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Offices duties:

• on file receiving: check of user’s identity and authorization control of data form and content deed registration data transmission to cadastre and to fiscal offices responsible for transfer taxes issue of a registration receipt

• afterwards: charge of self-assessed taxes issue of a payment receipt

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Central SystemCentral System Tax register

UNICO Form in XML format

Registration receipts – State of proceeding

RNI Interbank National Network

BankBank

Income Office Public Registers Cadastre

Notary

Unico Form

Duty 1

Payment data

Duty 2

Duty n...

ELECTRONIC SIGNATURE


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THANK YOU FOR THANK YOU FOR YOUR ATTENTIONYOUR ATTENTION



1 workshop spatial information management for sustainable real estate market technical session 2 –...

Documents

real estate deeds

real estate valuation

real estate purchase

real estate assets transfer

real estate assets charges

titles registration

italy athens

roberta marconi slide