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In 30 seconds
- Bare ownership (nuda proprietà) costs less because you cannot use the home for as long as the usufruct lasts.
- An occupied home can stay occupied for years.
- Before you sign, check the title documents and who actually lives in the property.
What you are really buying
Ownership can be split in two. The usufructuary has the right to use the home, usually for life. The bare owner becomes the full owner only when the usufruct ends. Until then you cannot live in the home or collect rent. The advantage is the lower price. The risk is the wait, which has no fixed date. Have the commitments you are taking on listed in writing.
The right of habitation
There is also the right of habitation: it allows someone to live in the home, but not to rent it out. These rights appear in the property registers, but they have not always been recorded. Ask for an updated extract: the procedures are described on the website of the Italian Revenue Agency (Agenzia delle Entrate).
Who pays the expenses
The expenses of a home under usufruct are split between the two parties, but the split depends on the situation. In Neapolitan buildings, work on facades is frequent. Before you sign, ask a notary or a lawyer how the expenses will be divided and who votes at the condominium meeting. For taxes, contact the Agenzia delle Entrate.
A home occupied by a tenant
If a tenant lives in the home, the buyer may have to honor the lease already in place. Older contracts can have different rules from current ones. Ask for a copy of the contract, the receipts and the registration. A home sold as “vacant” must really be vacant at the closing (rogito), that is, at the deed of sale before the notary: this must be written in the deed.
Occupation without a title
Sometimes the home is occupied by a relative, a former tenant or a person with no contract. Having the occupant leave can require a lawsuit, with timing that cannot be predicted. For this reason, do not pay the deposit before you know who really lives in the home. If you buy from a distance, a visit by a person you trust reduces the risk.
Typical case
A problem that comes up often. Typical case described in general terms: names, places and details do not refer to real people or cases.
A foreign buyer sees a listing for bare ownership in Posillipo at a discount from the full price. The owner still lives in the apartment. He had not considered that he will not be able to use the home for years and that the facade expenses might fall on him. The first step is to have all the commitments assessed before paying the deposit.
What to do in the first 7 days
- Ask for an extract to find out who the owner is and whether there is a usufruct.
- Ask for the name of whoever lives in the home and for their contract.
- Do not pay the deposit before you have read the title documents.
- Ask the seller for the condominium resolutions and any unpaid expenses.
- Check whether there are mortgages or attachments.
- Have the terms of the deal put in writing.
Frequently asked questions
Is bare ownership a good deal?
It depends on the age of the usufructuary, on the expenses and on your plans. It cannot be said in the abstract.
Can I renovate?
It depends on the agreements with the holder of the usufruct. Ask a lawyer or a notary first.
Learn more: Legal guides from Studio Legale Fiorentino.
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The firm sees clients in Naples (P.zza Giovanni Bovio 22 and Via Monte di Dio 14), in Rome and in Bari, by appointment, and remotely throughout Italy.
Original in Italian: Nuda proprietà e usufrutto a Napoli: rischi per chi compra
Author: avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text; it does not replace advice on your case. For updated details, see the official websites mentioned in the text. It is not legal advice. The firm does not handle the law or taxes of other countries.
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