Buying a house in Sardinia – How to make your dream come true

Sometimes we fall so deeply in love with a particular holiday destination that rented accommodation, no matter how beautiful, is simply no longer enough. When your favourite holiday resort feels like a second home, it's only natural to want to own a house there. That's how I felt about Sardinia, and I have never regretted my decision to buy a holiday home there. If you want to do the same, you should definitely take the following tips to heart so that your dream of owning a holiday home in Sardinia doesn't turn into a nightmare.

1. Buying property in Sardinia: purchase agreements are a ‘private matter’

The long-awaited day has finally arrived: the financing is in place, you have found your dream home, and the sales negotiations have been concluded to everyone's satisfaction. In a scrittura privata, the contracting parties now set out everything they consider important. Unlike in the UK, this does not require a solicitor. The scrittura privata is a contract of sale between private individuals and is legally equivalent to a contract of sale that you would draw up if you were selling your car to Mr or Mrs Smith.

2. A contract for the purchase of a house in Sardinia is not legally binding without official confirmation

In order to make this contract for the purchase of real estate in Sardinia legally binding, it is essential to have it officially registered. To do this, go to the local council, purchase the appropriate number of revenue stamps, the francobolli, and have the contract confirmed with a stamp and signature.

3. The purchase agreement determines the payment terms when buying a house in Sardinia

The scrittura privata also defines the payment terms. In most cases, a deposit is required, which is usually one third of the purchase price. Then it's off to the notary. It usually takes a few weeks to get the coveted appointment.

4. The notary: serving the tax authorities

The notary does not check whether your house in Sardinia complies with all legal standards. He limits himself to checking what is of interest to the tax authorities: until a few years ago, it was common practice to agree on the actual purchase price in the scrittura privata, but to declare only a fraction of this to the notary. The state has now put a stop to this creative model of Italian tax evasion. It checks whether the property was sold at market value. If the tax authorities consider the price to be too low, the land transfer tax is set higher. This is enforced so strictly that even a correctly declared but extremely low purchase price can be upgraded for tax purposes by the authorities.

5. Beware of pitfalls: What you should definitely check before signing a contract to buy a house in Sardinia

Before you even think about signing a contract to buy a house in Sardinia, you should definitely clarify the following points:

• Is the seller even authorised to sell the property in Sardinia? If it turns out that the seller does not have full power of attorney but has nevertheless signed the scrittura privata and collected the deposit, the sale may fall through at the notary's office. In this case, the buyer is entitled to a refund, plus the statutory penalties. However, this only applies if the scrittura privata has been officially registered.  If this is the case, you still have to enforce your claim for repayment through legal channels, which means you are treading on very thin ice. The Italian court system is a very sluggish juggernaut, to which the German proverb applies in full: in court, as on the high seas, you are alone in God's hands. If, with a little luck, the claim is enforced after years, you will have invested a fortune in lawyers and legal costs, only to find out in the end that you cannot get blood from a stone.
• Was the house in Sardinia built legally? Until the end of the last century, it was common practice to simply build properties anywhere in the countryside without official permission. This bad practice has also been stopped in the meantime. The law has been tightened to such an extent that numerous illegally built houses have fallen victim to the wrecking ball. At the owner's expense, of course. If you are ‘lucky’, you will get away with a fine. This is the case if the house is part of an illegal settlement that is subsequently legalised.
• Does the house in Sardinia comply with current building regulations? These are much stricter than in Germany. This is a good thing, because otherwise Italian creativity would turn every small loophole in the law into a barn door. Nowadays, no structural changes are possible without official approval. Even minimal irregularities are subject to hefty fines, always accompanied by the requirement to dismantle the structure. Before signing the purchase contract, it is therefore advisable to personally check everything that could prove to be a boomerang. A friend who knows the area can help with this. However, it should be noted that hardly anyone is able to navigate the jungle of regulations that must be combed through before purchasing a property. This is due to the multitude of pitfalls and the fact that research at the local council does not cover everything.
• Keep your eyes open when buying land in Sardinia! Land near the beach is naturally very popular. However, since Sardinia has imposed a building freeze on privately used houses near the beach, the dream of a house on the beach remains just that for unsuspecting buyers of such land: a dream.
• Stay away from ‘great investments’. Clever businesspeople are not only found in Germany. Real ‘bargains’ are gone before they are offered to Mr. Mustermann. You should not buy a holiday home because you believe it will be a profitable investment. This calculation rarely works out.

So, as you can see, there are a few things to consider when buying property in Sardinia. But don't let that put you off, because nothing is better than owning your own holiday home in Sardinia. It's simply priceless to sip Campari on your own terrace, look forward to seeing your neighbours again and feel right at home every time you arrive.

With a Sardinian ‘Adiosu’, I bid you farewell for today.

Yours, Joachim Waßmann