Real Estate Law
Real Estate and Construction Law has been a central focus of my professional work since the very beginning of my legal training. In this field, I advise and represent clients on all legal matters relating to the acquisition, sale, lease, and development of real property – in both private and commercial contexts.
In addition to sound legal expertise, clients benefit especially from my extensive practical experience with cross-border real estate transactions, project developments, and building permit procedures. My goal is always to deliver solutions that are legally sound, economically well-structured, and tailored to the specific needs of each client.
Real estate law in Italy encompasses both civil law aspects – in particular the acquisition, sale, lease, and letting of property – and public law aspects, such as zoning and planning law, building permits (permesso di costruire), changes of use, and urban development requirements. In practice, these two levels are closely intertwined: often, the assessment of planning and building law determines whether a project is feasible – whether it involves the purchase of a holiday home or a commercial investment.
In Germany, real estate law is likewise characterized by a dual structure: on the one hand, the civil law framework governs transactions, including purchase agreements, leasing, encumbrances, and financing arrangements; on the other hand, public law regulates planning permission, building regulations, and land-use requirements. Due diligence therefore not only includes verification of title and land register entries, but also compliance with building codes and municipal planning law.
Real Estate Law in Europe
Acquisition and Sale
I advise clients throughout all stages of real estate purchases in Germany and Italy – from reviewing the preliminary purchase agreement (compromesso in Italy) and the notarial deed of sale to conducting due diligence on land registry and cadastral records. Public-law aspects such as existing building permits or potential changes of use are also clarified at an early stage.
In real estate sales, I assist with contract drafting, verify the consistency of land registry and cadastral entries with the actual condition of the property, and develop solutions aimed at minimizing liability risks.
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Leasing and Tenancy
I advise clients in all phases of real estate leasing in Italy – from selecting the appropriate contract type and drafting secure lease or tenancy agreements to addressing specific issues of Italian tenancy law. My services cover both short-term arrangements (such as holiday rentals) and long-term leases, including residential and commercial tenancies.
For existing lease agreements, I review contractual clauses, tax obligations, and potential options for amendment or termination, developing solutions designed to minimize legal and economic risks.
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Planning, Development, and Construction
In connection with construction or renovation projects, I review the relevant legal framework and assist my clients in applying for the necessary permits. This includes building applications and notifications, the review of construction and architectural contracts, issues of liability and warranties, as well as representation in permitting and administrative proceedings.
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Commercial Real Estate Investments
I support companies and investors in transactions involving hotel and tourism properties, office and commercial spaces, and both asset and share deals. My counsel extends beyond real estate law to include corporate structuring and tax-efficient planning.
Tax Interfaces
Acquiring, holding, or selling real estate in Italy invariably entails tax consequences. These include, among others, registration tax, recurring property taxes, potential income tax on rental proceeds, and, where applicable, VAT on commercial activities. I cooperate with experienced tax professionals to provide clients with comprehensive, coordinated guidance.
Real estate in Germany and Italy is often part of cross-border inheritance cases. I review the inheritance and tax law framework, advise on inheritance tax matters, and assist with the transfer or sale of inherited property – including in complex situations involving multiple heirs.
Succession-related aspects
Your Advantage – Integrated Cross-Border and Interdisciplinary Expertise
Real estate mandates in Italy and Germany frequently involve related areas of law – including corporate, tax, inheritance, and environmental law. My dual qualification in both jurisdictions, together with collaboration with trusted partners, ensures holistic advice that is both legally secure and economically efficient.
In Person or Online
I am available for consultations in person – in Italy, Germany, Austria, or Switzerland – at my offices in Milan, Lake Como, Cologne, or Heidelberg, or alternatively in digital format.
Rechtsanwalt & Avvocato Alessandro De Maria
Corso di Porta Vittoria 5
20122 Milano
Via Statale 2235
22016 Tremezzina
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