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2009 Adaptations, 2010 Adaptations, 2013 Adaptations, 2014 Adaptations, 2018 Adaptations, Authors, Children's, Fantasy, History, pdf, Robert Jordan
The Wheel of Time Book PDF
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The Wheel of Time Intro
On November 19th, 2021, Amazon Prime videos will release a classic high fantasy series with anticipation that would rival the once-hit series Game of Thrones. This series is none other than the Wheel of Time. Wheel of Time is an adaptation of the numerous books written by James Oliver Rigney, Jr. under his alias Robert Jordan and later Brandon Sanderson after Mr. Jordan's passing in 2007. Mr. Rigney left a large fan base as Wheel of Time is one of the best-selling high fantasy book series in history. Mr. Jordan also left behind a grand archive of notes. These notes were the vast collection of ideas Mr. Rigney wanted to pour into (would have been)the final volume of the book series. After Mr. Rigney's passing, Brandon Sanderson(fellow fantasy writer famous for writing the Mistborn series) took over to finish the series according to Rigney's wishes. However, when Brandon realized the sheer colossal size of the writing Mr. Rigney left behind, the series would later end in three novels instead. The Eye of the World, the first novel of the series, was published in 1990. The series came to a close with the books: The Gathering Storm (2009), Towers of Midnight (2010), and A Memory of Light (2013). Mr. Jordan drew inspiration for his writing from a variety of the world's religions and mythologies, and belief systems. Mr. Rigney also seamlessly wove into his writing a vast cast of colorful and memorable characters that, with the help of Brandon, resulted in a grand tapestry of writing genius.
About the book series television adaptation coming in November.
Amazon Studios and Sony Pictures Television are among the production companies executive producing the expected hit series. Concerning the cast, Rosamund Pike( English actress best known for her role as Amy in Gone Girl 2014) will play Moiraine, Josha Stradowski (Dutch actor best known for his role as Joris in Just Friends 2018) as Rand Al'Thor and, Marcus Rutherford (English actor best known for his role as Leon Obey 2018) will play as Perrin Aybara. Giving mention to some of the star-quality actors making up the cast of the core group you will follow in the television series. Below is a link to a trailer for the upcoming series if you would like to take a look.
The Wheel of Time Plot
Let's take an overview of the carefully crafted world of Wheel of Time. Robert Jordan designed a world that began from the will of an all-powerful deity, known as the Creator. The Creator made the universe along with the Wheel of Time itself. We shall refer to this point as the beginning of time. The Wheel of Time has seven spokes. Each spoke represents an age(a very long but connected period) that has a predestined clear-cut beginning and end. The Wheel of Time constantly rotates through the events of the Ages. The turning represents what the author calls the Great Pattern or the Pattern of the Ages. In this universe, time is essentially just that a continuous cycle through different Ages. However, the period between reoccurring ages is so extensive that any trace of its previous variant no longer remains. Although, the Wheel of Time predestines the events of each Age. The Wheel of Time allows people known as ta'veren to be born into each Age who shape the outcome of a variant of an Age in small or large ways. Therefore meaning no variant of an Age will ever be identical. What turns the Wheel of Time, you may wonder. That driving force of the Wheel of Time is known as the One Power. The One Power flows from the source of everything and has two halves, the male half Saidin and the female half Saidar. There are a select few born how can tap into this energy known as channelers. In this universe exists an organization of these channelers called Aes Sedai.
The Creator imprisoned Shai'tan the Dark One in Shayol Ghul at the beginning of time to ensure he never influenced the Wheel of Time. That was until an Aes Sedai experiment went awry during a period known as the Age of Legends. Shai'tan's corrupted energy was free to flow into the world at last despite being limited. Sha'tan enlisted an army of allies to support his cause of seeking revenge on the Creator for imprisoning him.
The Wheel of Time sensed calamity on the horizon and created a channeler named Lews Therin Telamon. Lews later became the commander of Aes Sedai and took the helm of a direct assault again Shai'tan's forces. Victory against Shai'tan would not come cheaply. It was after a brutal war that spanned a decade in the Age of Legends did the forces of Light sniff victory at last. When Lew's army approached the volcano of Shayol Ghul to seal Shai'tan once and for all, the Dark One made a last-ditch effort to preserve his freedom. Shai'tan used his energy to drive Saidin and all male channelers to the point of insanity. Lew and his army then became Sha'tan's agents of chaos. Shai'tan's new puppets of Darkness wreak havoc on the world, creating natural disasters and killing at will. In the end, Lew slew every male channeler in his army and then himself. After this point, only women were allowed to wield the One Power. Unfortunately, Shai'tan also broke free from his prison entirely. Over the next approximately four millennia, humanity fell into a period similar to the Middle Ages or 500 AD in European history. However, due to the women's connection to the One Power, they stood as equals or superiors to men in some societies. Humanity experienced great war after great war, making the return to standards experienced in the Age of Legends seemingly impossible. The Aes Sedai also fell from grace and received pushed back from an enemy group called the Children of Light. The Children of Light is a military organization that hunts anyone who can access the One Power. Another war is brewing between nations of the modern era who have united against the warrior-clans of the Aiel. During the war against Aiel, the Aes Sedai discover that the prophecy of the Dragon has come to pass. The title of Dragon refers to a power channeler like Lews Therin Telamon, who can shape the events of an Age. An ancient prophecy depicts that the Dragon would be born again. Thus the Aes Sedai search for the newborn, hoping Shai'tan's forces does not reach them first.
The book series begins two decades after this war in the kingdom of Andor. Moiraine Damodred and her protector Lan arrive in a village called Emond's Field. Moiraine journeyed to this village with the information that Shai'tan's forces are after a young man from the area. Moiraine finds three possible suspects: Rand al'Thor, Matrim Cauthon, and Perrin Aybara. To avoid wasting time, Moiraine takes the three young me to the Two Rivers district of the kingdom. There she rendevous with her allies along with Egwene al'Vere and Nynaeve al'Meara.
The Wheel of Time Quotes:
"As the Wheel of Time turns, places wear many names. Men wear many names, many faces. Different faces, but always the same man. Yet no one knows the Great Pattern the Wheel weaves, or even the Pattern of an Age. We can only watch, and study, and hope."
― Robert Jordan, The Eye of the World
"but it be the strangeness you see that pulls you to the next horizon."
"When a woman says she will obey you, of her own will, it is time to sleep lightly and watch your back."
― Robert Jordan, The Fires of Heaven
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Where She Went
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Q: Centering specific column in RadListView (Telerik, Winforms) I'm using a (Telerik) RadListView  (Telerik.WinControls.UI.RadListView()) in my project.
The listview has a few columns:
public MainForm()
{
    Telerik.WinControls.UI.ListViewDetailColumn newColumn;
    InitializeComponent();

    newColumn = new ListViewDetailColumn("ID", "ID");
    newColumn.Width = 250;
    newColumn.Visible = false;
    this.MyListView.Columns.Add(newColumn);

    newColumn = new ListViewDetailColumn("Name", "Name");
    newColumn.Width = 250;
    newColumn.Visible = true;
    this.MyListView.Columns.Add(newColumn);

    newColumn = new ListViewDetailColumn("Description", "Description");
    newColumn.Width = 250;
    newColumn.Visible = true;
    this.MyListView.Columns.Add(newColumn);

    newColumn = new ListViewDetailColumn("Costs", "Costs");
    newColumn.Width = 250;
    newColumn.Visible = true;
    this.MyListView.Columns.Add(newColumn);

I'm populating the listview manually by adding ListViewDataItems to it:
foreach (Data.Tablename listEntry in ListOfTableEntries)
{
    ListViewDataItem newRow = new ListViewDataItem(listEntry.Id, new string[]{ listEntry.Name, listEntry.Description, listEntry.Costs});
    this.MyListView.Items.Add(newRow);
}

So far so good. What I did not find out though is how I can format specific columns that are making up the added row. For example: Right-align  the costs.
How can I do that (without also right-aligning all other columns)?
Thanks

A: Try something along these lines:
   private void radListView1_CellFormatting(object sender, ListViewCellFormattingEventArgs e)
   {
    if ((e.CellElement).Data.HeaderText == "ID")
    {
        if ((e.CellElement is DetailListViewDataCellElement))
        {
            e.CellElement.TextAlignment = ContentAlignment.TopRight;
        }
    }
    if ((e.CellElement).Data.HeaderText == "Name")
    {
        if ((e.CellElement is DetailListViewDataCellElement))
        {
            e.CellElement.TextAlignment = ContentAlignment.MiddleCenter;
        }

    //end so on
    }
}

redpajama_set_name: RedPajamaStackExchange


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I thought I would just share with you my stash of gorgeous antique lace and crocheted doilies. Over the next lifetime few months I will be transforming these fabulous fabrics with embroidered art.
Why yes, I am keeping it real with my excellent brand of camera-phone photography. You can see in most of these my foot-long ruler which gives you an idea of all the different shapes and sizes I have to work with.
This one in particular I'm really inspired by – 9 teeny panels to do embroideries on, all linked by beautiful crochet. What do you think I should do? I'm thinking either a series of tiny poisonous mushrooms and plants, or a series of anatomical studies? Framing this one up is going to be an absolute bum hole though. Any ideas any of you embroiderers? I thought maybe I'll need to tack the whole thing to another piece of fabric and put the whole thing in a slat frame, so I will be stitching through two layers of material?
Nice cross stitch on this one. I remember reading a blog of someone I admire a lot who was berated quite rudely by some commenters who felt it was absolute arrogant sacriledge to 'defile' her collection of vintage embroidered tablecloths, by cutting them up and making them into patchwork quilts. She quite rightly in my humble opinion said firstly they are are rotting in a drawer and this way they have a new life (I hate the word upcycling), and second – really? there are far worse things in the world to get upset about.
Not sure if I can or will do anything with this little one as the panel is kind of embellished itself.
First up this weekend I think I am going to do a full skeleton on one of the long thin ones.
*17 really as I have doubles of 2 of them. I may do a pair!
I think the one with the 9 panes should be anatomical. Start with the head and progress down the panels with the body parts in order.
love these pieces, bet your creative bone is really twitching. Love the one with 9 panes, love the idea of toadstools or maybe insects in each pane. As to framing up guunghh!!!


text:
Halcyon Nights är ett musikalbum av den svenska synthpopgruppen BWO. Detta album är dock ett remixalbum, vilket innebär att albumet enbart innehåller remixar på äldre BWO-låtar. Halcyon Nights släpptes den 27 december 2006 i Sverige.

Låtlista
 Chariots of Fire (Radio Edit) (4:08)
 Sixteen Tons of Hardware (Poker Pets 12" Mix) (7:12)
 Temple of Love (SoundFactory Reconstruction Anthem Radio Remix) (3:59)
 Open Door (Paradise Garage Mix) (4:43)
 Obsession (Johan S Remix) (3:09)
 Sunshine in the Rain (Sound Factory New York Anthem Edit) (4:58)
 Sixteen Tons of Hardware (Brasco Club Mix Edit) (7:20)
 Temple of Love (Carl Ryden Remix) (7:07)
 Voodoo Magic (SoundFactory Big Room Anthem Edit) (5:16)
 Open Door (DJ Slow Mix) (4:05)
 Chariots of Fire (Credheadz Remix Radio Edit) (3:40)
 We Could Be Heroes (SoundFactory Futuretro Mix) (5:27)
 Living in a Fantasy (Johan S Remix) (3:32)
 Sunshine in the Rain (Johan Afterglow Electro Mix) (3:51)
 Sixteen Tons of Hardware (SoundFactory Supersonic Anthem Edit) (5:10)
 Open Door (Brasco Remake) (3:45)

Album av BWO
Remixalbum 2006
Remixalbum utgivna på Capitol Records
Remixalbum utgivna på EMI
Svenska remixalbum
Engelskspråkiga remixalbum

redpajama_set_name: RedPajamaWikipedia


The next night (Dec 2), we had a performance in a jazz quintet setting for the Esquire and Tods Christmas party. Sasha was arriving that night from New York and scheduled to play with us (we were to hit at a little after 8:00 p.m.). The musicians were Kaleb James who I had performed with in the past while still living in Japan (piano), Masa (of course!), and Ikeda-san on bass who was introduced to us by Masa -- he regularly plays with Sleepwalker. We rehearsed without Sasha to get the songs down. I was requested to do a couple of jazz standards (we chose "Round Midnight" and "Night and Day"), a couple Christmas songs ("The Christmas Song" and "White Christmas), and a couple of my own originals ("Stop and Listen" and "Mysteries of Life"). Aside from my own songs and "Round Midnight," which I'd performed with my mother earlier in February, I didn't really know the other tunes so well and frankly was uncomfortable with the idea of doing covers. Masa tried to bring some fresh and funky beats to the arrangements, and during our sound check we did a pretty cool version of "Night and Day" -- it just came out -- but somehow it didn't go as well for the actual gig. I was at a loss for words and avoided MCing as much as possible, but Nyoro later reminded me of some stuff I was supposed to say. Such as the fact that I was wearing Tods sandals that they had lent me specifically for the gig. And the fact that I was half Japanese and Italian (Tods is an Italian company). Oops. MCing is always so uncomfortable for me. Sasha sounded great but was obviously very tired and in a slightly bad mood, which for me is such a drag to deal with. He too was uncomfortable with the gig and doing these standards. I realized too late that I have to find fresh twists when doing standards, otherwise I'm in danger of falling into the trap of a loung act, which is far from what I want to do or represent.
The performance the following day went well. It was awesome hearing and experiencing live the noh performers for "Kogun" and "Children of the Temple," as well as with the big tako in "Universal Drums." Later at the after concert party in the ANA Hotel, I was able to see many of mama's old friends, acquaintances and supporters, as well as several of our relatives. The spread was really nice, but every time I'd attempt to drink or eat something, someone would come to get a picture taken together, so I went back to the room hungry.


Brooks Running Company has been a pillar of the athletic community for the last century, but truly found it's stride when focusing on one sport and one sport alone: running. As category experts, the brand carved out its niche both in product and personality. Poised for breakout success, Brooks identified the need to amplify their presence in the digital space. In an effort to increase the number of Brooks runners as well as fuel runners' love of Brooks, the brand partnered with Digital Kitchen as their first Digital AOR.
In order to increase awareness and drive runner demand, Brooks and DK must define new strategic territory and creative solutions. To grow brand and sales in the digital space, our challenge was to think outside the shoebox.
To highlight the epic support of Brooks GTS 15's we created a campaign that brought real-time support to those most in need. Through social listening we identified a series of socially active runners in need of support delivering real-time social content directed specifically to each runner.
National Running Day should be a widely recognized holiday. So, we created our own holiday rituals and traditions for National Running Day. The series of illustrated representations of quirky running rituals was seeded on Brook's social channel a week leading up to National Running Day.


The following titles – and more – will be on the shelves of Hartford Public Library, beginning December 4. If the title is not at your closest branch, place a hold and it will be delivered there for you. All our titles are in our catalog; you may search it at any time.


text:
Cedillo del Condado kan syfta på följande platser:

Spanien

 Cedillo del Condado (kommunhuvudort), Kastilien-La Mancha, Province of Toledo,
 Cedillo del Condado (kommun), Kastilien-La Mancha, Province of Toledo,

Robotskapade Spanienförgreningar


Home / Relationship / Annoying 30 Habits That Every Girl Hate – Men Watch Out!
Annoying 30 Habits That Every Girl Hate – Men Watch Out!
Like annoying girlfriend moments, there are also annoying boyfriend moments. There are several things guys do in their relationships that can get under the skin of their significant other.
1. When you are always or too possessive.
This could a red flag in the relationship. It makes ladies feel unsafe. You might want to check your possessiveness.
Read What Is Wrong With My Pet Name And What Does It Mean?
3. Farting with little or no shame and then act like it didn't happen. And not expect you to be like, "...Hun?" What was that?
4. Leaving dirty socks on the floor with no intent of picking them up like she's your maid.
5. When you flirt with other women living her in the dark.
As a man, flirting with other women, vis a vis, could be complicated in relationship. Hence, be sure your significant other is much secured so this could actually add some flavor to your relationship.
Girls like other girls envy their man!!!
6. Constantly ordering her around like she's got nothing else to do with herself.
7. Pretending you're listening when you're obviously not.
He "OMG, really? Awesome. I'm going to be a father.
She "now I've got your attention, COULD YOU SWITCH OFF THE LIGHT?
It's not a crime to burp. But do you have to make it loud? It could be a form of distraction for your significant other you know.
9. When you are too clingy.
Just like guys, ladies don't like the idea of a clingy guy. Ladies sometimes need their personal space. Give them some guys.
10. Not knowing how to do even the simplest domestic tasks could be frustrating.
11. Talking about your crazy ex.
12. Leaving the sink un-kept with mustache stubble.
13. When you don't understand her passion.
Take time out to understand what drives your significant other. What does she love doing with little or no external help. What's her hobby? You might just end up loving it if you could take time out to see her do what she loves the most.
14. Leaving the drawer / wardrobe open after getting something out.
15. Being way more into talking on the phone than texting.
First of all, texts are the best modern love letter. They leave a lasting feeling. You can always go back to remind yourself of what was discussed. It gives enough space to express your thought in best possible language. Thanks to numerous social media platforms.
#Know the best way to communicate with your significant other.
16. Having the incredible ability to fall asleep literally anywhere at any time. Especially when she less expected you to.
17. Leaving a ton of dirty boxers with no plan for laundry.
18. Getting annoyed when she wears your boxer. Common dude!!
19. When you care so much about your looks and care less about hers.
20. When you defecate with the door wide open, ew.
21. When you leave toothpaste in the sink every morning.
22. When she ask you to pick up something for her on the way home, and you never get the right thing.
23. When you say you're going to call, but conveniently didn't. By and large, a game console or live football game is to blame. Sorry ladies!!
24. When you don't notice she's gotten a completely new hair 'do and it's because of you, you know?
25. When you ask if she's going to eat something and take it off her plate / menu before she reply your question.
26. When you use her toothbrush like it's okay.
28. When you act as if you don't know how to properly stack the dishwasher.
29. Pride!!! You Never want to be the first to initiate making up after a huge fight. Wake up dude and apologize.
30. When your significant other is talking to you about something extremely important and you abruptly drift off into a world of football, news, or straight up falls asleep.


A 2-2 night that was two runs from being undefeated.
Laid the runs with the Phillies, they won by one. Took the over of 11.5 on Rockies/Reds and they scored 11. These are the breaks.
Not a lot of time this morning so I am going to make this a quick post.
Gonna be pretty hot and humid out there which is a big bump to hitters. Also a bump to hitters? Blaine Hardy and James Shields. Neither of these offenses is especially inspiring, but they cruised to the over yesterday and I expect them to cruise to an over again today.
Gerrit Cole is so on fire right now that I just want to bet him every time out. The Indians are tough, but have been a disappointment all season. They'll send Trevor Bauer to the mound who is also having a good year, but I hate this match-up for him as the Astros are one of the toughest teams on righties in the game. I am going with a double result on this one.


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About Åbo Akademi University
Åbo Akademi University Library
Tenure track Professors within The Sea
Tenure track professors
Magnus Hellström Associate Professor within The Sea at the Faculty of Science and Engineering.
Dr. Hellström earned his doctorate degree in industrial management from Åbo Akademi University. He holds the title of docent (project business) at the same university. His research interests revolve around new business models in the project-based industry, such as ones based on modularization, servitization, collaborative business practices, and sustainability. Hellström also holds a position project and supply chain management at the University of Agder in Norway, where he is a member of a cross-disciplinary research group focusing on circular economy. His work has appeared in journals such as Industrial Marketing Management, Journal of Cleaner Production, and International Journal of Project Management. In addition to his academic work, Hellström has been consulting a number of large and medium sized technology companies.
Nina Tynkkynen Associate Professor within The Sea at the Faculty of Social Sciences, Business, and Economics.
Dr. Tynkkynen holds a doctorate in administrative sciences from the University of Tampere and the title of docent (environmental policy) at the University of Helsinki. Her research focuses on marine environmental governance and the politics of environmental knowledge, including questions related to public engagement in knowledge production and science—policy interface. She is also interested in the dynamics of international environmental politics. Currently she leads the research project Living with the Baltic Sea in a changing climate: Environmental heritage and the circulation of knowledge, funded by the Academy of Finland (2018-2022). Tynkkynen has a solid publication record, including papers in the leading international journals such as Environmental Politics, Journal of Environmental Policy and Planning, Environmental Policy and Governance and Marine Policy, and a monograph by Edward Elgar.
Anna Törnroos-Remes Assistant Professor within The Sea at the Faculty of Science and Engineering.
Dr. Törnroos-Remes received her PhD in Marine Biology 2014 and is now back at Åbo Akademi University after four years as a guest researcher at the Centre for Ocean Life, Technical University of Denmark. With a broad interest in marine organisms and the roles they play in nature and for the well-being of us humans and a sustainable blue economy, her current research focuses on the functioning of coastal areas and particularly the seafloor. To understand the functioning of and assess the state and pressures on the marine ecosystem, she applies and develops the "trait-based approach". This approach centers around the characteristics or traits of marine organisms, such as how they feed, live and reproduce, which allows us to understand how marine organism contribute to e.g. production, nutrient circulation and habitat provision, as well as predict ecological strategies in contrasting environments under global change. The approach incorporates knowledge from multiple scientific fields such as marine ecology, behavioural biology, oceanography, mathematics and physics. Another aspect of her cross-disciplinary work is converting knowledge about the marine ecosystem into information for policy and management, technology and business. She is also engaged in dialog about marine biodiversity and environmental issues with various private stakeholders, and schools and school children through e.g. the BIVALVIA cross-disciplinary art-science-technology project.
Christian Pansch-Hattich Associate Professor of Marine Biology within The Sea at the Faculty of Science and Engineering.
Dr. Pansch-Hattich received his PhD in Marine Biology from Kiel University, Germany, after which he worked at Gothenburg University in Sweden and at GEOMAR Helmholtz Centre for Ocean Research in Kiel. He has recently taken a position at Åbo Akademi University that was donated by the City of Turku. His current research focuses on the impacts of environmental variability and extreme climatic events, such as marine heatwaves, on benthic marine communities. Here, he has developed novel infrastructure and new approaches in order to address the complexity of variable environments in a climate change context. He applies approaches from eco-physiology to testing entire marine communities in response of multiple and fluctuating climate change drivers. Within The Sea, he aims to investigate the role of extreme climatic events within the Archipelago Sea, their perception in society, and measures that may help mediate their negative impacts on the underwater ecosystem. The output Christian produces is widely recognized by the scientific community. Research articles are published in high-impact international natural science journals. Christian is actively spreading his most-recent research results at many renown international conferences and through public media.

redpajama_set_name: RedPajamaCommonCrawl


text:
Result Frameworks
The Module 2 corresponds to the first level of intervention of LAPs, i.e. national land administration institutions within which LAPs seek to promote more efficient, better quality services.
Module 2: National Land Administration Institutions (LAI)
What LAI are
The importance of LAI for governance
Impacts of LAPs at LAI level
Experience in Central America
Influential external factors
Cumulative experience and challenges
Results and Impacts Chain
Results Framework
Practical Evaluation Guide
What LAI are: origins and establishment
Land administration institutions (LAI) comprise cadastres, public land registers and agrarian reform, regulation or titling institutions; these institutions together form the Land Administration System (LAS).
The land register
The Public Register of Real Properties, or land register, was established in Central American countries at the end of the nineteenth century. It is regulated by the civil code of each country and is the oldest existing legal land administration institution. It was created with the aim of registering transfers of estates and other real rights. The first registers were used to record the titles that the central government gave to individuals, thus institutionalizing private ownership as a form of tenure. It should be noted that these institutions did not adopt the same model throughout the Central American region. See Land Administration Authorities in Municipal Governments in module 3.
Some authors currently emphasize the role of land registers in boosting some impacts related to ownership: ""[the existence of] effective, efficient public land registers, which guarantee legal certainty of title of register entries, which guarantee the legality of commercial transactions and thereby promote economic development in general"1.
The cadastre
The theoretical aspect of the cadastre is defined as an inventory of real property mapped with the limits, parcel location and alphanumeric data associated with the property and all its domains (physical, economic and legal). In Latin America the cadastre was the second LAI legally created, being institutionalized from the 1970s onwards for fiscal purposes and for integration of national territory. The legal provisions which created the cadastre involved the transfer of land ownership by means of coordination between the cadastre and the land register.
Several factors limited the cover of the cadastre and compliance with its fiscal function. First, due to the high cost of setting it up, its cover was limited to urban zones and areas of greater economic development, excluding from these registers rural zones that were difficult to access and of no fiscal interest. Second, over time and with unreliable staff and equipment, cadastral information was not kept up to date, which also made it difficult to collect taxes. Finally, integration of national territory in the cadastre was difficult because the planned coordination between the cadastre and register did not happen and the creation of the cadastre did not prevent private surveyors being commissioned to measure estates not regulated by public institutions.
Cadastral offices can now have two forms. In the first case, as in Nicaragua, the cadastral office forms part of the institutions related to geographical affairs and territorial planning. In the second case, as in El Salvador and Honduras, the cadastral office is an entity that works jointly with the register.
Links between the cadastre and other LAIs
As a Land Administration System (LAS) Institution, the cadastre builds links with other institutions, including the following:
With the land register to guarantee legal security of tenure rights by certification of physical data and the location of the property in estate transfer and modification documents;
With the tax institution (tax collector), by providing information for the accurate evaluation of the property for tax purposes;
With the municipal authority, for territorial (urban and rural) planning and development purposes, and to validate and/or supply information useful for the fiscal evaluation of real property subject to tax payment, and
With land tenure distribution and titling regulatory Institutions, to include in the legal diagnosis data identifying registered and unregistered properties, positioning its tenure situation physically and legally.
Regularization or titling institutions
Regularization or titling institutions started as institutions responsible for the titling and redistribution plans defined by agrarian reform laws. In some countries these institutions are maintained and in other cases they have been transformed to accompany the new agricultural modernization and promotion functions. In Honduras the National Agrarian Institute (INA) is a semi-autonomous state body which was set up in 1961 with the aim of preparing the Agrarian Reform Law responsible for granting provisional titles exchangeable for definitive title deeds to meet the agreed annual quota. Based on the modernization and development law of the Agricultural Sector, in 1992 the institute took over responsibility for modernization and investment incentive initiatives in the agricultural sector.
In Nicaragua, the property intendancy was created within the Attorney General's Office as a decentralized public agency and legal entity with its own equity. In Mexico in 2013 the Ministry of Agrarian Reform (SRA) became the Ministry of Territorial Agrarian and Urban Development (SEDATU). Its work is increasingly focusing on the regularization of peri-urban settlements owing to rapid city growth in the region. This also applies to the Property Legalization Institute of El Salvador.
In Central America municipal authorities also carry out regularization, titling and raising to full tenure (see Municipal government powers in land administration module 3).
1 Barthel, K. (2005).
Fact sheet 2.1 Analysis of the cost and time of registration procedures
Fact sheet 2.2 Registry Mobility Index
Fact sheet 2.3 Analysis of institutional financial sustainability
Fact sheet 2.4 Regularization, clearing and titling
Fact sheet 2.5 Cost and time of cadastral mapping
Fact sheet 2.6 Quality control of cadastral mapping
Fact sheet 2.7 Monitoring of land tenure disputes
Fact sheet 2.8 Operation of cadastre-register linking systems
External links and bibliography
Voluntary guidelines on the responsible governance of tenure of land, fisheries and forests
The LGAF: Land Governance Assessment Framework
Global Land Tool Network: Land Administration and Information
Sustainable Livelihoods Guidance Sheets
World Bank (2016). Systematic Property Registration: Risks and Remedies
VIEW THE BIBLIOGRAPHY »
Extra sections
With the patronage


What are some of your favorite stars doing to welcome in the New Year? Some of them are working to help fans celebrate. Several artists have taken the time off around the holidays and will hit it hard when they return to the road in January. Some artists have resolutions and some are very helpful with their own hangover cures for those who imbibe too much on New Year's Eve.
Keith Urban is set to headline Music City on New Year's Eve for the second year in a row. He'll perform against the backdrop of the State Capitol Building as part of the Jack Daniels Music City Midnight Bash. Maren Morris, Cheap Trick, Carly Pearce, Johnny P, Larkin Poe and the Fisk Jubilee Singers are also on the bill.
Canaan Smith will perform on New Year's Eve in Nashville as part of Team USA's WinterFest at the Walk of Fame Park at 3:30p.
Audio / Kacey Musgraves, who is expected to release her new album sometime in 2018, has her own hangover cure.
Audio / Keith Urban talks about the emotions he feels on New Year's Eve.
Audio / Luke Bryan takes a look back at his busy 2017, including releasing his brand new album, What Makes You Country.


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Italy: Real Estate 2020
The ICLG to: Real Estate Laws and Regulations - Italy covers key topics relating to practical points and commercial terms in leasing, investment, development, and financing in 28 jurisdictions
ICLG.com > Practice Areas > Real Estate > Italy
Real Estate Rights
System of Registration
The Registry / Registries
Liabilities of Buyers and Sellers in Real Estate Transactions
Leases of Business Premises
Leases of Residential Premises
Public Law Permits and Obligations
1. Real Estate Law
1.1 Please briefly describe the main laws that govern real estate in your jurisdiction. Laws relating to leases of business premises should be listed in response to question 10.1. Those relating to zoning and environmental should be listed in response to question 12.1. Those relating to tax should be listed in response to questions in Section 9.
The main applicable real estate legislation is:
■ The Constitution of the Italian Republic, which states the right to a private property, subject to possible limitations for public interest.
■ The Italian Civil Code (Royal Decree no. 262 of 16 March 1942), which regulates freehold title (proprietà), other rights on real estate assets, how to acquire and transfer real estate properties and related rights, co-ownership on real estate properties, registration of title in the land registry and also contains the general regulations for sale and purchase contracts, leases and mortgages.
■ The Italian Navigation Code (Royal Decree no. 327 of 30 March 1942), which regulates title (in the form of public concession of use) on beaches, marinas, harbours, lagoons, basins, channels and any related assets.
■ The Unified Building Act (Testo Unico dell'Edilizia – Presidential Decree no. 380 of 6 June 2001), which regulates development, construction and refurbishment of real estate.
■ Legislative Decree no. 122 of 20 June 2005, which regulates the acquisition by individuals of properties under development.
■ The Unified Banking Act (Legislative Decree no. 385 of 1 September 1993), which regulates some aspects of mortgage on real estate connected to bank financing.
■ The various legislation regulating the cadastral system, which maps all Italian real estate properties (Royal Decree no. 2153 of 8 December 1938 on Catasto Terreni, Presidential Decree no. 1142 of 1 December 1949 on Catasto Edilizio Urbano, and Law Decree no. 557 of 30 December 1993 on Catasto Fabbricati).
Finally, the Governmental Social Housing Plan, which regulates the development of government-supported houses for low-income families and individuals is particularly relevant for the residential real estate market.
1.2 What is the impact (if any) on real estate of local common law in your jurisdiction?
Common law has no impact on Italian real estate. Judicial precedents have to be taken into consideration for the interpretation of the law, but are not binding.
1.3 Are international laws relevant to real estate in your jurisdiction? Please ignore EU legislation enacted locally in EU countries.
Only EU legislation may be relevant to real estate in Italy. International law is not relevant since real estate in Italy is regulated by local law.
2. Ownership
2.1 Are there legal restrictions on ownership of real estate by particular classes of persons (e.g. non-resident persons)?
A legal restriction on ownership of real estate applies to foreign persons that are not resident in Italy, based on the "reciprocity" principle, i.e., the acquisition of real estate in Italy is not possible in principle for foreigners coming from countries where Italian citizens cannot own real estate and which have not signed reciprocal conventions with Italy.
3. Real Estate Rights
3.1 What are the types of rights over land recognised in your jurisdiction? Are any of them purely contractual between the parties?
Real estate assets can be held by:
■ freehold, under:
i) full ownership ("proprietà"); or
ii) joint co-ownership ("comunione"); and
■ various forms of title comparable to leasehold, under:
i) usufruct ("usufrutto"), which grants rights comparable to those of the freehold owner for a limited period of time (up to 30 years or the entire life of the individual who is granted the right);
ii) right of use ("uso" and "abitazione"), which grants limited right to an individual to use or live in a property;
iii) right to build ("diritto di superficie"), which grants the right to build on or under a given area and acquire full ownership of the constructed building;
iv) public concession, which grants rights to use and benefit from a governmental owned asset for a limited period of time (up to 99 years);
v) lease ("locazione"), which may have a maximum term of 30 years;
vi) lease of a business ("affitto di azienda") including real estate assets;
vii) bailment ("comodato"), which is a form of limited use normally without consideration; and
viii) rent-to-buy contracts, which allow a person to use a property while paying price instalments to buy the property.
3.2 Are there any scenarios where the right to land diverges from the right to a building constructed thereon?
The general principle is that real estate is indivisible and comprises: (i) land; (ii) buildings; and (iii) everything attached to land or buildings.
Land and buildings located on it are usually registered together on the same title in the competent land registry.
The way to split the right over the land and the right over the construction erected thereon (or thereunder) is the right to build ("diritto di superficie").
3.3 Is there a split between legal title and beneficial title in your jurisdiction and what are the registration consequences of any split? Are there any proposals to change this?
In principle, there is not a split between legal title and beneficial title under Italian law. However, the Civil Code provides for the possibility to limit the freehold title on real estate assets (which is unlimited in time) by granting a usufruct ("usufrutto"), which allows the beneficiary to make full use of the asset and take any economic benefit of it for a limited period of time (which cannot exceed the life of the beneficiary or, for legal entities, 30 years). The usufruct is recorded in the land registry and can be validly opposed by any third party.
Furthermore, following a recent law regarding support to disabled persons, the Civil Code allows limitations on the use of a property to be recorded in the land registry to the benefit of specified individuals, public entities, associations and other legal entities involved in social support activities.
Finally, foreign trusts can be recognised in Italy. In this case, the title on the assets is recorded in the name of the trustee, indicating his role and the fact that the property shall be managed in the interest of a beneficiary; this annotation, however, can have a maximum duration of 90 years.
No changes to the existing legislation in this matter are currently expected.
4. System of Registration
4.1 Is all land in your jurisdiction required to be registered? What land (or rights) are unregistered?
Private ownership of land must be registered. Ownership of real estate is evidenced by the corresponding public deed of sale and purchase or other contracts granting a title on real estate. All such contracts, as well as lease contracts for a term in excess of nine years, have to be registered in the land registries. When registered, title is enforceable against bona fide third parties with a potential interest in the real estate.
Land registries are organised on a local basis and managed by a special branch of Agenzia delle Entrate, an administrative body controlled by the Ministry of Finance.
4.2 Is there a state guarantee of title? What does it guarantee?
There is no state guarantee of title.
Title insurance is not commonly used because the legal system fully protects any person acquiring title from the registered owner.
Also, any sale of property has to be executed before a notary, who has a duty to perform a legal check on the title.
However, title insurance is becoming used to secure the acquisition of small properties in cases where the purchaser is not willing to conduct a due diligence on the title.
4.3 What rights in land are compulsory registrable? What (if any) is the consequence of non-registration?
Any contracts (i) transferring freehold title on a property, (ii) creating or transferring a usufruct or a right to build, (iii) creating a co-ownership on a property, (iv) creating or transferring an easement on a real estate property, (v) waiving any of the above rights, or (vi) granting a lease for a term exceeding nine years, and also rent-to-buy contracts, must be registered in the land registry. In the absence of registration the title cannot be opposed to bona fide third parties which may have validly acquired and registered a title on the asset.
Also mortgages are compulsorily registrable and registration is required for the validity and existence of the mortgage.
4.4 What rights in land are not required to be registered?
Leases (if their initial term does not exceed nine years), financial lease on real estate assets and bailment contracts are not required to be registered in the land registry. All such contracts, however, must be recorded in writing and filed with the local tax office (Agenzia delle Entrate) for registration tax purposes. The lack of registration of a lease may allow the tenant to claim the invalidity of the contract.
A preliminary contract by which the parties undertake to sign a sale and purchase contract can be registered in order to grant priority to the future title of the promissory purchaser; however, the effects of the registration are limited to three years.
4.5 Where there are both unregistered and registered land or rights is there a probationary period following first registration or are there perhaps different classes or qualities of title on first registration? Please give details. First registration means the occasion upon which unregistered land or rights are first registered in the registries.
There is only one form of registration of a title and no probationary period applies. Limited to mortgages, it is possible to register more than one mortgage; in this case, the mortgages registered after the first one are granted a right which is subordinated to the first degree mortgage, unless this latter is cancelled and consequently the second registered mortgage acquires all of the benefits of a first registration.
In addition, in some cases it is possible to anticipate the effects of registration by registering a preliminary sale and purchase contract or filing of a judicial suit aimed at ascertaining the title on a property; in these cases, when the title is actually transferred or ascertained, the effects date back to the time of the first registration.
4.6 On a land sale, when is title (or ownership) transferred to the buyer?
Transfer of title has to be formalised in a public deed before a notary public. After that, the buyer can register the title with the corresponding land registry to protect the title against third parties.
Title transfers on delivery of the real estate to the buyer, which normally occurs (unless agreed otherwise) when a notarial deed is signed. It is possible to defer transfer of a title: for a given term; by satisfaction of a condition precedent; or until the price is fully paid.
4.7 Please briefly describe how some rights obtain priority over other rights. Do earlier rights defeat later rights?
Registered rights prevail over other rights based on priority in applying for registration to the competent land registry. As indicated in question 4.5 above, in some cases it is possible to anticipate the effects of registration.
5. The Registry / Registries
5.1 How many land registries operate in your jurisdiction? If more than one please specify their differing rules and requirements.
Italian land registries are organised and maintained on a provincial basis. However, they are managed by the same governmental agency ("Agenzia del Territorio") and access is unified through a national virtual portal.
In some regions of North-Eastern Italy a somehow different registration system applies ("sistema tavolare"), which is managed by the local provincial authority.
Furthermore, the cadastral registry ("Catasto") contains useful information on real estate assets (including indication of the owner/s and a map describing the property), but its purpose is determining the taxable value of a property and not that of certifying the title on the property.
5.2 How do the owners of registered real estate prove their title?
The ownership of a registered real estate is proved by the transcription in the land registry of the relevant sale and purchase agreement or contract creating the title on the real estate.
5.3 Can any transaction relating to registered real estate be completed electronically? What documents need to be provided to the land registry for the registration of ownership right? Can information on ownership of registered real estate be accessed electronically?
Transactions relating to registered real estate must be completed in writing, by means of a notarial deed ("atto pubblico") or a notary certificated contract ("scrittura privata autenticata"). Upon signing, the notary is obliged to notify the land registry electronically in order to get priority of registration, but this must be confirmed by delivering the original title deed for registration.
Information on ownership can be accessed electronically through a national portal. The competent land registry issues an online excerpt with all relevant facts of the property (titleholder and any registered third-party rights).
5.4 Can compensation be claimed from the registry/registries if it/they make a mistake?
Yes, it is feasible to claim compensation from a land registrar who makes mistakes during the registration process. The registrars are legally liable for all damages and costs they might have caused.
5.5 Are there restrictions on public access to the register? Can a buyer obtain all the information he might reasonably need regarding encumbrances and other rights affecting real estate and is this achieved by a search of the register? If not, what additional information/process is required?
There are no restrictions on public access to the land registry. Any buyer or other interested person may obtain – by a search of the registry online, subject to payment of a consultation fee – any information on title and any registered encumbrances and also copies of the relevant notarial deed.
6. Real Estate Market
6.1 Which parties (in addition to the buyer and seller and the buyer's finance provider) would normally be involved in a real estate transaction in your jurisdiction? Please briefly describe their roles and/or duties.
Buyers and sellers are usually advised by real estate consultants (one advisor per party) and, in most cases, one of them has acted also as broker of the deal. However, in some cases the broker can be unrelated to either the purchaser or the seller.
Technical advisors for due diligence are also commonly used.
A notary must be involved for the execution of the deed of sale and purchase or the lease agreement (if the term of the lease exceeds nine years).
Legal advisors provide legal support and draft the legal documentation in major transactions, while in minor transactions it is common for the parties to engage directly with the notary.
6.2 How and on what basis are these persons remunerated?
Each party bears the costs of its own transaction advisors. These remunerations are freely negotiated with the service providers and may be determined as a percentage of the purchase price or a fixed remuneration.
The notary has to be remunerated by both parties based on a specific agreement (although making reference to a national tariff is common practice); it is a general principle of law and common practice that the cost of the notary is paid by the purchaser, who also selects him.
Real estate brokers are entitled to claim a fee from both the seller and the purchaser, unless their engagement letter provides differently. If not differently agreed, their fees are in the region of 2–3% of the price.
6.3 Is there any change in the sources or the availability of capital to finance real estate transactions in your jurisdiction, whether equity or debt? What are the main sources of capital you see active in your market?
Foreign equity coming from Sovereign Funds, pension funds and private opportunistic funds have been a main driver of real estate transactions in Italy in the last five years. Insurance companies, added-value funds and Italian private pension institutions are also a main equity player in Italian real estate. More recently, Italian and foreign family offices, as well as Italian privately owned groups, are becoming more active in the market.
6.4 What is the appetite for investors and/or developers to invest in your region compared to last year and what are the sectors/areas of most interest? Please give examples.
Real estate investments continue to be mainly focused on Milan. Secondary markets are highly considered for logistic, tourism and hospitality assets. High street retail also attracts interest in a few main cities. More recently, investors are focusing on student housing and senior housing developments.
6.5 Have you observed any trends in particular market sub sectors slowing down in your jurisdiction in terms of their attractiveness to investors/developers? Please give examples.
Transactions on commercial centres and shopping malls have somehow slowed down, as investors are focusing more and more on those commercial centres that are modernising their business model.
7. Liabilities of Buyers and Sellers in Real Estate Transactions
7.1 What (if any) are the minimum formalities for the sale and purchase of real estate?
Any contract transferring title on real estate must be executed and recorded in writing. In addition, execution in the presence of a notary is required to file the relevant contract in the land registries (and, for mortgages, for the validity of the title).
The contract must contain some mandatory information on the property, including: (a) the cadastral identification; (b) the confirmation of consistency between the cadastral data and the effective conditions of the property; (c) the permitted use of the property; (d) the titles on the basis of which the buildings existing on the property were built; (e) the allegation of the energy performance certification; (f) the allegation of a seismic compliance certification (not yet applicable on a general basis); (g) the means of payment used to pay the price; and (h) the identification of the broker which has intermediated the transaction (if any).
The execution of the notarial sale contract is often preceded by the signing of a binding preliminary contract, by which the parties undertake to transfer the real estate subject to specific terms and conditions.
Preliminary contract
A preliminary sale and purchase contract is usually executed once the parties agree the terms and conditions and satisfactory due diligence has taken place.
The preliminary contract contains the transaction's terms and conditions, including: (i) the object of the sale; (ii) the purchase price; (iii) any conditions precedent; (iv) the timing for closing; (v) the payment of a security deposit ("caparra confirmatoria"); and (vi) the seller representations, warranties and indemnities. The transcription of a preliminary contract in the land registries is not mandatory and, if requested, has a validity limited to three years.
Additional steps of a sale process may include:
■ Pre-contractual arrangements
Arrangements are usually related to: (i) confidentiality and non-disclosure; (ii) temporary exclusivity for due diligence and negotiation purposes; and (iii) making offers (initial offers and subsequent binding offers). Pre-contractual arrangements are fully binding on both parties limited to the above elements, but usually do not bind the parties to execute the sale contract.
■ Vendor due diligence
In some cases the seller engages consultants to conduct a pre-sale technical assessment of the property, aimed at assessing its compliance with zoning, building and environmental regulations, compliance with the cadastral data, and investigating any existing encumbrances. In many cases a notary is engaged to conduct a search in the land registries and certify the title of the seller and any existing encumbrances on the property.
■ Marketing
For major sale transactions, property companies and institutional investors usually engage a consultancy investment firm to make a pre-assessment of the value of the property, organise marketing materials and conduct the sale process.
■ Commercial negotiation
Negotiations usually occur between representatives from both of the parties, assisted by lawyers and real estate advisors. In some circumstances, negotiations are directly executed between the parties' lawyers and advisors.
7.2 Is the seller under a duty of disclosure? What matters must be disclosed?
The seller must act in good faith without concealing any information that, if known by the buyer, would prevent the buyer from completing the transaction.
The Italian Civil Code allows a buyer to challenge the validity of the contract or to claim for a reduction of the price in case the seller has willfully omitted to disclose elements which may affect materially the value of the property.
Also, the Italian Civil Code allows a buyer to bring legal actions against a seller for title defects and lack of conformity and/or quality of the property.
Buyers also have access to public registries (land registries and cadastral registries) in order to make their own assessment on the title of the seller.
7.3 Can the seller be liable to the buyer for misrepresentation?
Yes. Pursuant to the Italian Civil Code, a seller is always liable in case it has wilfully omitted to provide information to the buyer which could be relevant for the determination of the price or even for determining the decision to buy.
The liability of the seller regarding elements not known to it can be mutually agreed among the parties in the contract. The parties may also agree that the seller is released from any liabilities, other than in case of lack of title ("evizione").
7.4 Do sellers usually give any form of title "guarantee" or contractual warranties to the buyer? What would be the scope of these? What is the function of any such guarantee or warranties (e.g. to apportion risk, to give information)? Would any such guarantee or warranties act as a substitute for the buyer carrying out his own diligence?
The Italian Civil Code provides that the seller is liable in case of lack of title (total or partial), third parties rights on the property, lack of conformity ("garanzia per vizi") and lack of quality ("mancanza di qualità") of the property. However, the liability of the seller for lack of conformity and quality under the Civil Code is limited to one year after the sale and claims are subject to a short deadline (eight days from discovery). For this reason, it is usual that contracts for major transactions contain a negotiated set of seller's representations and warranties and indemnification obligations, which add to (or even replace) those provided in the Civil Code.
The warranties most frequently given by the seller relate to:
(i) powers of the seller to enter into the transaction; (ii) the nonexistence of charges and encumbrances other than those registered at the land registry; (iii) tenancy status and validity of the main conditions of the lease; (iv) compliance with applicable planning rules; (v) compliance with environmental legislation; (vi) regular payment of any applicable property tax; (vii) validity of property insurance policies; and (viii) the absence of legal disputes or court proceedings affecting the property.
Representations and warranties are mainly used to apportion the risk between the seller and the buyer. In transactions between professional operators, it is not common that representations and warranties replace any due diligence by the buyer. There is still a limited number of transactions where the parties agree to replace the seller warranties with Warranty & Indemnity Insurance.
7.5 Does the seller retain any liabilities in respect of the property post sale? Please give details.
According to Article 1490 of the Civil Code, the seller is obliged to ensure that the item sold is free from defects.
In the event that the sold property is defective, the buyer may request the termination of the contract or a reduction in the purchase price. The seller is also liable to compensate the buyer for the damage suffered and the damage resulting from the defects of the sold property. The liability of the seller is limited to one year after the sale and claims are subject to a short-term deadline (eight days from discovery).
Furthermore, if the seller caused any contamination of the property, it remains liable for any remedial actions prescribed by environmental laws and regulations and any damages caused by such contamination.
7.6 What (if any) are the liabilities of the buyer (in addition to paying the sale price)?
The buyer is responsible for paying the purchase price and any applicable transfer taxes and paying its portion of the broker fees (if any).
8. Finance and Banking
8.1 Please briefly describe any regulations concerning the lending of money to finance real estate. Are the rules different as between resident and non-resident persons and/or between individual persons and corporate entities?
The Italian Civil Code provides general regulation of loans, while the Unified Banking Act (Legislative Decree no. 385 of 1 September 1993) regulates bank financing and some aspects of mortgage loans.
Different rules (in particular regarding information duties and enforcement in case of payment default) apply to loans to individual persons acting as 'consumers' and corporate entities.
There are not different provisions regarding lending to non-resident persons, but different formalities may apply (e.g., a non-resident person shall obtain, in most cases, an Italian tax ID code, the notarial security documents to be filed in Italy must be executed in Italian or translated into Italian by a certified translator).
EU resident banks are also allowed to provide real estate financing at the same conditions as Italian banks, but the payment of interests on loans can be subject to taxation in Italy.
8.2 What are the main methods by which a real estate lender seeks to protect itself from default by the borrower?
Loans for minor transactions often do not contain any provisions supplementing those provided by the law for mortgage loan, but often the lender seeks additional protection requesting a bank deposit, a personal guarantee by the borrower or any borrower related person and a life and disability insurance on the borrower.
Structured financing for major transactions usually includes:
a) Security packages. A security package for a real estate loan will usually comprise: (i) a mortgage over the asset; (ii) a charge over receivable rents; (iii) a charge over all bank accounts into which all rents must be paid; and (iv) a charge over all relevant contracts including leases, insurance policies and construction guarantees.
b) Corporate guarantees. Corporate guarantees are sometimes requested by lenders if the borrower is using SPVs.
c) Insurance coverage. Lenders will require the borrowers to take out appropriate building insurance.
d) Covenants. The loan documentation will also contain both financial covenants (loan to value, debt service cover) and non-financial covenants (obligations to maintain the asset in good state of repair or disposal limitations) to be granted by the borrower in order to ensure that the value of the asset is maintained.
8.3 What are the common proceedings for realisation of mortgaged properties? Are there any options for a mortgagee to realise a mortgaged property without involving court proceedings or the contribution of the mortgagor?
As a general rule, the lender with a secured loan needs to start a foreclosure proceeding, where the main step is the public auction of the asset.
There are two types of proceedings: (i) judicial proceedings, to be followed before the Italian courts; and (ii) extrajudicial proceedings, to be followed before a notary. The extrajudicial proceedings may only be followed if agreed upon by the parties.
A credit facilities contract may provide for the right of the lender to take possession of the mortgaged asset or any other assets in case of payment default and sell it on the market: in case the market value or the sale price exceeds the residual debt, the lender must transfer the excess to the borrower; on the contrary, in case the sale price is less than the residual debt, the borrower is released from any residual obligation.
8.4 What minimum formalities are required for real estate lending?
A mortgage over real estate must be granted in a notarial deed and is only valid when registered with the land registry. The draw of the money under the facilities agreement must also be recorded in a notarial deed, in order to have a direct enforcement title against the borrower, without having to conduct proceedings in court in order to obtain an enforcement title.
A charge over income arising from lease tenants is usually notarised, but notarisation is not mandatory. The tenants must be notified of the existence of the pledge in order to make it enforceable against them.
In share deals, it is common to grant a pledge over the shares of the SPV acquired by the buyer; this must be granted before a notary.
8.5 How is a real estate lender protected from claims against the borrower or the real estate asset by other creditors?
The protection of a real estate lender depends on the priority in ranking of the secured loans and this priority is subject to the registration principle, unless mutually agreed between the borrower and the lender. In some cases, tax authority claims for unpaid taxes have priority over the lender's mortgage.
8.6 Under what circumstances can security taken by a lender be avoided or rendered unenforceable?
In case bankruptcy of the borrower is declared within 10 days of the creation of the mortgage, the mortgage can be challenged by the bankruptcy officers. Other securities can also be challenged in case of bankruptcy, if it appears that the lender was aware of the insolvency of the borrower.
8.7 What actions, if any, can a borrower take to frustrate enforcement action by a lender?
A borrower can file an objection against the enforcement action by the lender if it is able to demonstrate that no default occurred or that the lender omitted any of the formalities required to commence enforcement proceedings.
8.8 What is the impact of an insolvency process or a corporate rehabilitation process on the position of a real estate lender?
The impact varies considerably depending on whether or not the loan is secured by a mortgage on the property.
If this is the case, the creditor, in the insolvency process, will see his credit satisfied in a preferential manner compared to unsecured creditors. If this is not the case, the creditor must compete with the other unsecured creditors in the distribution of the proceeds originated by the sale of the assets.
8.9 What is the process for enforcing security over shares? Does a lender have a right to appropriate shares in a borrower given as collateral? If so, can shares be appropriated when a borrower is in administration or has entered another insolvency or reorganisation procedure?
On the basis of the general rules established by Articles 2796 et seq. of the Italian Civil Code, the procedures by which the lender can enforce the pledge on the shares are as follows:
1) request the court to sell the pledged shares until the debt is paid; or
2) request the competent court to assign the shares for payment, until the debt is paid, based on an estimate to be carried out with an expert's report by an expert appointed by the court.
Pursuant to Article 4 of Legislative Decree no. 170/2004, pledge on shares can be enforced, and the shares can be appropriated, when a borrower is in administration or has entered another insolvency or reorganisation procedure, only where the creditor or debtor is a public authority, a central bank, a prudentially supervised financial institution, a central counterparty, a settlement agent or a clearing house and the other party to the agreement is one of the above mentioned institutions or a company (not an individual).
9. Tax
9.1 Are transfers of real estate subject to a transfer tax? How much? Who is liable?
Any contract transferring or granting right on real estate is subject to a nominal stamp duty ("imposta di bollo"), to registration tax ("imposta di registro"), which is regulated by the Unified Registration Act (Presidential Decree no. 131 of 26 April 1986) and to mortgage and cadastral taxes ("imposta ipotecaria e catastale").
Stamp duty is applied on a fixed basis and depends on the number of standardised pages composing the contract.
Registration tax is normally applied on a percentage basis, on the value or price of the transaction (depending on various circumstances). Standard rates vary from 2% to 9%. Registration tax applies on a fixed nominal basis in case the transaction is subject to VAT.
Mortgage tax has a standard rate varying from 2% to 3% and cadastral tax standard rate is 1%. Such rates are reduced by 50% in case of transactions involving real estate funds or SIIQ (Italian REITs). Mortgage and cadastral taxes can also apply on a fixed nominal basis in case the transaction is subject to VAT.
9.2 When is the transfer tax paid?
Transfer taxes have to be paid within 30 days of the transfer. Payment is usually made by the notary, which is jointly liable with the seller and the buyer for payment.
9.3 Are transfers of real estate by individuals subject to income tax?
The capital gain on disposal (i.e., the difference between the sale value and the original acquisition value, including all costs) is fully taxable, unless the asset was used as the primary house or was acquired more than five years before the disposal.
9.4 Are transfers of real estate subject to VAT? How much? Who is liable? Are there any exemptions?
VAT is payable subject to option by the seller for all sales or purchases of instrumental real estate when the transaction takes place in the framework of a business activity. VAT is compulsory in case the sale is executed within five years of the construction or refurbishment of a property.
In case VAT applies, the seller charges VAT to the buyer and the seller then pays the VAT to the tax authorities. In many cases a reverse charge mechanism applies, allowing the buyer not to disburse the VAT amount.
The general rate of VAT is 22%. However, a reduced rate of 10% applies to some residential and instrumental buildings; a further reduced 4% rate applies to the sale of residential properties which become the primary house of the buyer.
9.5 What other tax or taxes (if any) are payable by the seller on the disposal of a property?
The seller is responsible for income tax on the capital gain. The seller is also jointly liable with the buyer for the payment of transfer taxes.
9.6 Is taxation different if ownership of a company (or other entity) owning real estate is transferred?
Taxation of share deals is completely different and, normally, significantly lower. However, tax authorities scrutinise share deals in order to ascertain whether the parties have simulated a share deal only to reduce the tax burden of the transaction, while their real purpose was transferring title on a real estate asset or portfolio.
9.7 Are there any tax issues that a buyer of real estate should always take into consideration/conduct due diligence on?
A buyer is always jointly and severally liable with the seller (and the notary) for the payment of the transfer taxes, regardless of any allocation agreement between the seller and the buyer.
In case the seller omitted to pay any applicable property tax or transfer tax, the tax authorities may enforce a lien on the relevant property, which, in some cases, may prevail over a mortgage.
10. Leases of Business Premises
10.1 Please briefly describe the main laws that regulate leases of business premises.
The following laws regulate the lease of business premises:
■ the Italian Civil Code; and
■ Law no. 392 of 27 July 1978, which regulates leases of urban properties.
10.2 What types of business lease exist?
There are mainly three types of business leases:
■ leases regulated by the mandatory rules contained in Law no. 392/1978;
■ major leases (i.e., where the annual rent exceeds Euro 250,000), for which the parties may freely negotiate departing from the mandatory rules of Law no. 392/1978; and
■ leases of business concerns, to which Law no. 392/1978 does not apply and are regulated by the Civil Code.
10.3 What are the typical provisions for leases of business premises in your jurisdiction regarding: (a) length of term; (b) rent increases; (c) tenant's right to sell or sub-lease; (d) insurance; (e) (i) change of control of the tenant; and (ii) transfer of lease as a result of a corporate restructuring (e.g. merger); and (f) repairs?
In leases regulated by Law no. 392/1978 the following mandatory provisions apply:
a) the term cannot be less than six years, renewable for six-year periods (nine years for tourism, hospitality and most entertainment properties);
b) rent increases are ordinarily limited to 75% of the annual consumers' inflation index;
c) the tenant's right to assign the lease or sub-lease is subject to consent by the landlord; however, the tenant can always assign the lease or sub-lease the property jointly with the assignment or lease of its business concern;
d) change of control of the tenant and corporate restructuring do not affect the continued validity of the lease, unless specific provisions are included in the lease contract;
e) property insurance normally has to be paid by the landlord, while the tenant can be requested to buy tenant insurance; and
f) the tenant is responsible for ordinary maintenance, while the landlord is responsible for any extraordinary maintenance and repairs.
10.4 What taxes are payable on rent either by the landlord or tenant of a business lease?
Leases are subject to registration tax with a standard 2% rate (reduced to 1% in case the landlord is subject to VAT).
In addition, the landlord may opt for the application of VAT at the standard 22% rate.
10.5 In what circumstances are business leases usually terminated (e.g. at expiry, on default, by either party etc.)? Are there any special provisions allowing a tenant to extend or renew the lease or for either party to be compensated by the other for any reason on termination?
As a general rule, upon expiry of the initial six-year (or nine-year) term only the tenant may avoid the automatic renewal of the lease. The landlord may avoid the renewal only in case it intends to use the property for its own business or to carry out a major refurbishment of the property.
Also, Law no. 392/1978 provides that only the tenant can be granted an early termination right; such a right can be granted to the landlord only in major leases.
The contract can contain provisions allowing either party to terminate the lease in case of material breach of contract by the other party.
For retail leases, in case the landlord denies the renewal of the lease, under the provisions of Law no. 392/1978 the tenant is entitled to receive compensation for loss of business continuance and has a right of first refusal on any new lease. The tenant has also a right of first refusal in case the landlord intends to sell the leased property.
10.6 Does the landlord and/or the tenant of a business lease cease to be liable for their respective obligations under the lease once they have sold their interest? Can they be responsible after the sale in respect of pre-sale non-compliance?
In case the tenant assigns the lease, it remains jointly liable with the assignee for any unpaid costs related to the period before the assignment.
10.7 Green leases seek to impose obligations on landlords and tenants designed to promote greater sustainable use of buildings and in the reduction of the "environmental footprint" of a building. Please briefly describe any "green obligations" commonly found in leases stating whether these are clearly defined, enforceable legal obligations or something not amounting to enforceable legal obligations (for example aspirational objectives).
The main "green obligation" lies with the landlord, since he is obliged to provide an energy performance certificate to the tenant before signing the lease contract.
Recent leases of grade "A" properties often contain a best efforts provision by the tenant to maintain energy efficiency policies and to provide information to the landlord on its energy consumption levels.
10.8 Are there any trends in your market towards more flexible space for occupiers, such as shared short-term working spaces (co-working) or shared residential spaces with greater levels of facilities/activities for residents (co-living)? If so, please provide examples/details.
The offer of flexible office spaces and co-working spaces is increasing significantly. This is usually based on service contracts, whereby the client is authorised to make use of specific office facilities, but does not obtain any rights on the relevant property.
The offer of short-term leases having a term of between 30 days and one year is very limited because of constraints in the applicable legislation. Some operators are experimenting with new forms of short-term contracts based on hotel and tourist accommodation legislation.
Operators are also considering actively serviced apartments, while shared residential spaces are not very common. Also, in this case, constraints in the applicable legislation create some limitations in the implementation of new models.
11. Leases of Residential Premises
11.1 Please briefly describe the main laws that regulate leases of residential premises.
The following laws regulate the lease of residential business premises:
■ the Italian Civil Code;
■ Law no. 392 of 27 July 1978, which regulates leases of urban properties;
■ Law no. 431 of 9 December 1998, which regulates leases of residential properties;
■ Law Decree no. 133 of 12 September 2014, which regulates rent-to-buy contracts;
■ Law no. 208 of 28 December 2015, which regulates financial leasing of residential properties; and
■ Legislative Decree no. 206 of 6 September 2005, which regulates contracts granting a time share right on a real estate property.
11.2 Do the laws differ if the premises are intended for multiple different residential occupiers?
No, the same legislation applies to premises for single tenants and premises intended for multiple residential occupiers.
Different regulations may apply with respect to the lease of state or Municipality owned houses offered to low income families, and to temporary leases for touristic purposes.
11.3 What would typical provisions for a lease of residential premises be in your jurisdiction regarding: (a) length of term; (b) rent increases/controls; (c)the tenant's rights to remain in the premises at the end of the term; and (d) the tenant's contribution/obligation to the property "costs" e.g. insurance and repair?
The following mandatory provisions apply to residential leases:
a) the initial term cannot be less than four years, renewable for four-year periods (the initial term may reduce to three years, with a renewal of at least two years, for leases that comply with local agreements aimed at containing rent increases);
b) rent increases are ordinarily limited to 100% of the annual consumers' inflation index;
c) at the end of the initial term the landlord may avoid the renewal only in limited circumstances: direct use of the premises for living purposes; refurbishment of the building; the tenant has another house available in the same Municipality; the landlord intends to sell the premises provided that he does not have other properties available; and provided that he grants the tenant a right of first refusal. At the end of the first renewal period any of the parties may commence a renewal or termination procedure; and
d) the tenant is generally responsible for ordinary maintenance, while the landlord is responsible for any extraordinary maintenance and repairs. National agreements between owners' and tenants' associations provide criteria for the allocation of operating costs to the tenant and landlord.
In some leases entered into with governmental agencies or state-owned companies, the tenant may have a preferential right to purchase the property in case of disposal.
11.4 Would there be rights for a landlord to terminate a residential lease and what steps would be needed to achieve vacant possession if the circumstances existed for the right to be exercised?
The landlord can terminate the lease early in cases where the tenant is in default of payment of the rent (even for only a one- month instalment) by commencing special proceedings ("sfratto per morosità"). However, the tenant may stop proceedings (up to four times in a four-year period) by paying any amount due to the landlord before or during the proceedings. Once the eviction of the tenant is confirmed by the court, if the tenant does not release the premises, the landlord may need to commence an enforcement procedure to obtain vacant possession, which may stay for a number of months.
12. Public Law Permits and Obligations
12.1 What are the main laws which govern zoning/permitting and related matters concerning the use, development and occupation of land? Please briefly describe them and include environmental laws.
Regions and Municipalities in Italy are responsible for country and town planning in their designated territory. Consequently, there are multiple local planning systems in Italy. However, these systems are inspired by the same planning law system. Therefore, the systems have common institutions and regulations.
Municipalities are the most important authorities concerning town planning and are responsible for the following:
■ determining the local planning system ("PRG – Piano Regolatore Generale" or "PGT – Piano di Governo del Territorio"), which provides for the permitted use of land;
■ approving the local building regulation ("Regolamento Edilizio"), which sets the standard to be met in constructions (in compliance with national guidelines and legislation and the general provisions of the Civil Code);
■ granting authorisations for special local planning, new constructions, refurbishment of existing buildings and change of the permitted use of land and buildings; and
■ expropriating land for public use.
The protection of the environment and the implementation and application of the national environmental law (Legislative Decree no. 152 of 3 April 2006) is also delegated to local agencies and legislation, organised at the Regional and Municipality level.
12.2 Can the state force land owners to sell land to it? If so please briefly describe including price/compensation mechanism.
Yes; land owners can be forced to sell land which is included in a planning sector or has to be dedicated to construction of public infrastructure or public service/utility facilities and buildings. The authority to expropriate land is attributed not only to the central Government, but also to Regions, Municipalities and other public agencies.
The compensation for the owner is determined by the authority that has promoted the expropriation process on the basis of cadastral values and other publicly available information; the owner may challenge the proposed remuneration, which in such case is finally determined by an expert appointed by the local court.
It must be taken into account that in most cases that valuation will not be consistent with the open market value of the land at that time.
12.3 Which bodies control land/building use and/or occupation and environmental regulation? How do buyers obtain reliable information on these matters?
As indicated in question 12.1, land and building use and occupation is controlled by the local Municipalities and local police. Local agencies at Regional and Municipal level ("ARPA – Agenzia Regionale Protezione Ambiente" and "ASL – Azienda Sanitaria Locale") and the local Fire Brigade are in charge of supervising and controlling the correct application of environmental law and building regulations that are relevant to human health.
Buyers may obtain information on the permitted use of a land/building, building permits and local public constraints through access at the local Municipality offices. Obtaining information on the actual status of a property and its environmental compliance is usually more complicated and collaboration by the owner is required.
12.4 What main permits or licences are required for building works and/or the use of real estate?
Permits required for building works differentiate considerably depending on the relevance of works and their impact on the building/land.
The development of a new building is always subject to a prior permit granted by the local Municipality, or to a previous special planning agreement with the Municipality which sets the framework for subsequent construction.
Refurbishment of existing buildings can require a building permit if the permitted use of the building is affected, or its total surface or its aspect are materially changed; in most cases, however, construction works can be commenced without requesting a permit, provided that the relevant project is notified to the local authorities before the works are commenced.
Once construction is terminated, certification must be obtained attesting that the building is fit for occupancy, complies with antiseismic regulation and fire prevention regulation. As to occupancy and seismic compliance, the certification of technical consultants engaged by the developer in most cases replaces the need of a certification by the Municipality, while fire prevention compliance needs to be certified by the local Fire Brigade.
It should be noted that, in response to the tragedies that occurred as a result of the earthquakes in central Italy, several Municipalities have decided to increase controls on buildings in order to protect the national building stock. In particular, in 2014, the City of Milan introduced, with the local planning system, the obligation to obtain, for all buildings with more than 50 years, the certificate of static suitability ("CIS – Certificato di idoneità statica"), which is becoming mandatory in case of sale of the property. This requirement is expected to become mandatory throughout the country.
Use of real estate
Use of real estate may require an authorisation by the local authorities depending on the nature of such real estate (e.g., the use of public areas and other state-owned infrastructures or natural resources and areas is subject to a concession) or the activity to be conducted in the property (e.g. restaurant, retail, entertainment, hospitality, health assistance, etc.).
12.5 Are building/use permits and licences commonly obtained in your jurisdiction? Can implied permission be obtained in any way (e.g. by long use)?
As indicated in question 12.4, in many cases permits and licences can be replaced by a certification of a technical consultants. However, in all cases where a permit or licence must be granted by the Municipality, no implied permissions are allowed.
In some cases, the procedure to obtain a permit or licence can be facilitated if the law provides that in case the Municipality fails to reply within a given deadline, the permission/licence is intended to be granted ("silenzio-assenso").
12.6 What is the typical cost of building/use permits and the time involved in obtaining them?
The fees for obtaining the relevant permits are defined locally by municipal authorities and normally include: (a) a contribution for urbanisation works strictly related to the project; (b) a contribution for more general urbanisation works; and (c) a fee remunerating the allowed surface of the building.
Contributions under (a) and (b) are often replaced by the undertaking of the developer to carry out the relevant infrastructure works.
The standard term for obtaining a building permit is in the region of three months from the complete filing. However, the term can be delayed considerably in case the opinion of different commissions, agencies or entities is required (e.g., opinion on the landscaping impact of the project, opinion of the local agency of the Ministry of Culture in case of historical buildings, opinion of the Fire Brigade, etc.).
12.7 Are there any regulations on the protection of historic monuments in your jurisdiction? If any, when and how are they likely to affect the transfer of rights in real estate or development/change of use?
The Cultural Heritage and Landscape Act ("Codice dei beni culturali e del paesaggio" – Legislative Decree no. 42 of 22 January 2004) provides for limitations on the ownership, transfer and refurbishment of real estate assets having historical value and those characterising or having a significant impact on the landscape.
In particular, the Ministry of Culture and other local agencies have a right of first refusal in case of transfer of a property which was declared of historical, architectural or landscaping interest; accordingly, the deed of sale must be notified to the relevant authorities, which normally have 60 days to exercise the right of first refusal. Construction work on historically valuable buildings must be approved by the Superintendence and such buildings cannot be used for purposes which are incompatible with their historical or artistic character or which are detrimental to their conservation.
12.8 How can, e.g., a potential buyer obtain reliable information on contamination and pollution of real estate? Is there a public register of contaminated land in your jurisdiction?
Legislative Decree no. 152 of 3 April 2006 delegates the Regional Authorities to maintain a register of sites interested by an environmental clean-up procedure.
However, only major contaminations that were ascertained by or denounced to the competent authorities are recorded in such registers. Access to information on minor contamination is normally limited to the owner.
12.9 In what circumstances (if any) is environmental clean-up ever mandatory?
Environmental clean-up is always mandatory as from the declaration of contamination by the environmental authorities until the remediation is complete. As a general rule, the originator of the contamination is responsible for the clean-up; however, under given circumstances the owner of a contaminated site can also be responsible for the clean-up. In addition, in case the parties that are responsible for the clean-up are in default, the public authorities may carry out the clean-up procedure and create a charge on the contaminated land to cover the relevant costs.
12.10 Please briefly outline any regulatory requirements for the assessment and management of the energy performance of buildings in your jurisdiction.
Legislative Decree no. 192 of 19 August 2005 provides for the assessment of the energy performance of any building containing electrical and heating systems. The relevant energy performance certificate issued by authorised consultants must be disclosed to the purchaser and to the tenant of a property.
In addition, local regulations adopted at Municipality levels may provide for the granting of benefits in terms of additional permitted surface or for discounts on construction costs for new or refurbished buildings that meet specific energy performance requirements.
13. Climate Change
13.1 Please briefly explain the nature and extent of any regulatory measures for reducing carbon dioxide emissions (including any mandatory emissions trading scheme).
EU Directive no. 31/2019 and Italian Legislative Decree no. 63 of 2013 provide that by the end of 2020 all new buildings must meet the "zero energy consumption" standards. Various Italian Regions are implementing local schemes aimed at accelerating the implementation of the above legislation.
13.2 Are there any national greenhouse gas emissions reduction targets?
Please see question 13.1 above.
13.3 Are there any other regulatory measures (not already mentioned) which aim to improve the sustainability of both newly constructed and existing buildings?
Local regulations adopted at Municipality levels may provide for the granting of benefits in terms of additional permitted surface or for discounts on construction costs for new buildings that meet specific energy performance requirements.
Additional requirements for "green housing" are set by private organisations (e.g. LEED, Casa Clima) and can be adopted on a voluntary basis.
Davide Braghini
Gianni, Origoni, Grippo, Cappelli & Partners
Domenico Tulli
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