Buying a house online in the time of coronavirus: is it really possible?

In the current emergency situation, would it be possible to buy a house with a process that is 100% online to avoid any possibility of physical contact and possible contagion?

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First of all, it is important to know whether the real estate registrations of the deed of sale are currently at a standstill

The transcriptions have only remained in Lombardy as the conservatories are gradually reopening in recent days. In all other regions nothing has changed as with the Prime Ministerial Decree. lastly, the situation of notary offices which remain open throughout Italy has not changed. This is because the notary is a public official required to provide his activity whatever the circumstances, as required by the Notarial Law. The function of the notary is a guarantee of legality which must be ensured in the interests of citizens and the State both in ordinary moments and in exceptional and unexpected moments like this.

Is it possible today, given the exceptional situation, to buy a house 100% online?

Purchasing a house requires a whole series of checks that serve to protect the system. In particular, in a period of emergency like this, controls are even more necessary, as the alarm launched by the anti-mafia authorities and the police bodies is clear, according to which the crisis can facilitate the entry into the market, and also into sales, of criminal situations. However, there is a series of tools that allow for the promotion of limited mobility actions.

What advice should citizens follow?

Given the general restriction on mobility permitted only for proven situations of necessity, work needs or for health reasons, the notary invites citizens to contact their notary to evaluate whether the scheduled act can be postponed or to report - via written request - its necessity or urgency. 

In cases where it is necessary to proceed with the signing of the notarial deed, it is necessary to take into account the indications provided by the Prime Ministerial Decree relating to the "dimensions and characteristics of the places, such as to guarantee visitors the possibility of respecting the distance between them of at least one metre.

What is the distinction between a deed to be done immediately and one to be postponed?

The discrimen is represented by urgency, the evaluation of which depends from case to case. For example, if the bank is not available to extend the terms for taking out a mortgage, if the parties may lose the tax benefits deriving from a sale, if it is necessary to prepare a will; obviously common sense is needed on the part of all parties involved. We do not stop the exercise of the public function but, in concrete terms, we manage our business by balancing, as we are used to doing, the individual interest of the customer with the general one, which today requires taking into account, in particular, the right to health and the collective interest in limiting the movement of people and meeting opportunities. 

Has the National Council of Notaries given any indications to notarial studies?

In this period of health emergency, the National Council of Notaries has issued instructions to notaries for the management of studies and the provision of services to citizens, in compliance with the limitations imposed to combat the spread of the COVID-19 virus. 

Specifically, it invited individual studios to:

• Inform the parties to go to your practice without unnecessary companions, respecting the timetables, without excessive advance notice, respecting the safety distances in the waiting rooms and any other study environment and adapting to the safety requirements adopted by the practice (use of hygiene dispensers, disposable gloves and protective masks).
• Encourage the use of special powers of attorney, to avoid movements from one municipality to another, also admitting powers of attorney issued to one's collaborators in application of the principles of the code of ethics which legitimize this case in cases of exceptional circumstances.
• Where authenticated private deeds are used, remember the possibility of proceeding with double or multiple authentication by multiple notaries where the parties reside in different cities.
• Request the exchange of documentation in digital format, limiting as much as possible the physical delivery of paper documents intended for the office file.
• Carry out interviews when requested via telephone or IT tools, limiting direct personal contact only to cases of necessity and in any case reducing the direct exchange of paper documents as much as possible.
• In open notary offices, the presence of staff is reduced to a minimum, according to the indications contained in the Prime Ministerial Decrees, who will mostly have to operate in "smart working" mode.