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Provisions About The Location Of Properties Destined For Housing

Original Language Title: Disposizioni Circa La Locazione Di Immobili Destinati Ad Abitazione

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Law 27 of 21 February 1995 (published 27 February 1995) "PROVISIONS REGARDING THE PROPERTY LEASE TO DESTIN ATI COTTAGE" We the Captains Regent of the Most Serene Republic of San Marino Promulgate and publish the following law approved by the Great and General Council in meeting on 21 February 1995. TITLE CHANGES tO TITLE II oF tHE CONSOLIDATED LAW ON lEASE oF pROPERTY Art.1 (length of lease) the minimum term of the lease of urban buildings intended for housing is three years, if the parties agreed on a shorter duration. On expiry of the three years, if it is not cancellation made at least six months before by registered letter with acknowledgment of receipt, the contract is automatically renewed every two years. Art. 2 (Cessation and termination of the contract before it expires) I1 lessor, in the first three years of life of the relationship, may withdraw even before the natural expiration of the contract provided that at least six months before it gives pre tice to the tenant by registered letter with acknowledgment of receipt, to the following co ditions: 1) urgent need of the lessor, the spouse, the ascending and descending to the second degree, after the constitution of the rental relationship, to allocate the property to your home or to the exercise of their professional activities or work; 2) offer the lessee to another suitable housing, whose rent does not exceed that paid more 'than 20%; 3) actual availability by the tenant, the spouse not separated, or minor children of other suitable housing; 4) unjustified failure to use the leased property by the lessee. I1 landlord may also terminate the contract for proven need for construction projects incompatible with offerings of a dwelling and that they have been subject to special license or permit in accordance with applicable laws, giving back the property after the completion of the work. If within one year from the release property not intended for use ga ve mentioned in point 1), if the construction operations referred to in the previous paragraph are not executed within the period of validity of the license and authorization, the lessee is entitled to ask compensation for any damage. II lessee may at any time terminate the contract by giving notice to the lessor at least three months before withdrawal raccomandat by letter with acknowledgment of receipt. Art.3 (Rental fee) I1 rent is fixed freely between the parties. In the case of automatic renewal of the contract, the fee is reviewed annually on the basis of specific Regency Decree which must take into account the change in the cost of living for the previous year. TITLE II SPECIAL TAX ON REAL ESTATE TO RESIDENTIAL USE OF PROPROETA COMPANIES AND ORGANIZATIONS NOT ALLOWED TO LEASE Art.4 (Tax on real estate owned by legal entities not rented) E ', a special annual tax on real estate owned by legal entities having the characteristics of art. 5, not deductible from income tax. The tax begins from the completion of the property or of the expiry of thirty-six months from the date of commencement of work and is divisible into twelfths. Such tax is determined based on the results dell'allibramento register or, in the case of properties not registered at the Land Registry, according to the project approved by the Construction Technical Committee, with the following criteria: 1) L. = 40,000 per sq m. for commercial real estate group A / 1; 2) L. = 20,000 per sq m. for commercial real estate group A / 2; 3) L = 15,000 per sq m. for commercial real estate group A / 3; 4) = L. 15,000 per sq m. for commercial real estate group A / 4; 5) = L. 15,000 per sq m. for buildings in a rustic state. The obligation to pay the special tax ceases ap rtire from the month in which it is performed to the Technical Office of the Land Registry the lease duly registered, proving the right to lease the building. Art.5 (Allegation of buildings not leased) E 'obligation to the legal representatives of legal persons owning property for residential purposes to report, under its own responsibility, the Office of Cadastre Technical Department of Land and Environment, the number and characteristics of the housing units mentioned below: 1) completed property and not rented; 2) property in a rustic state. For the purposes of this Act and regardless of the land registry, they are considered state plots: a) the properties for which have elapsed Three years after the construction start date. The term of thirty-six months is mandatory; b) properties which, though completed, are not yet bearing the certificate of habitability.
The complaint must be made before January 31 of each year. Art. 6 (Procedures and verification of the complaint) The complaint Properties are on deposit with the Technical Office of the Cadastre of special registration form created by the said Office, to be approved by Regency Decree. The Office of the Technical Land Registry, within the period of ninety days of receipt of the complaint referred to in the previous paragraph, is responsible for the verification of the correspondence between these complaints and the facts corresponding to the same complaints, using the Office Urbanism that is required to to respond within sixty days. Art. 7 (tax payment) The Technical Office of the Land Registry, within thirty days following the expiry of the period specified in the second paragraph of Article 6 provides for liquidaz one special tax on the property with arrangements under previous articles and prepares the relevant payment notice sent to the addressee by registered letter with acknowledgment of receipt. II tax payment on the basis of specific modules at a San Marino bank within thirty days of receipt. Article 8 (Prohibition of reciprocity in the signing of rental contracts) The mutual signing of rental contracts, in order to fulfill the special tax, including anyone who intervened, involves the payment of tax in addition to the penalty provided for in article 9. Art. 9 (administrative penalties) failure to report property having the FEATURES ic referred to in Article 5 requires payment of an administrative fine equal to four times the unpaid tax. The complaint does not correspond to the characteristics of housing units, which give rise to the payment of tax under the present law requires the payment of an administrative penalty equal to three times the tax ev know. The stipulation of mutual agreements between the parties in order to fulfill the special tax involves the payment of an administrative fine amounting to five times the unpaid tax. The above sanctions are applied by the Manager of 'Technical Department of the Land Registry with the procedures laid down in Act 68 of June 28, 1989. TITLE III TAXATION OF REAL ESTATE TO RESIDENTIAL USE Art. 10 (Rental value) I1 value of the leased property to abit tive use for tax purposes (tax registration) may not be less than: 1) L. 60,000 per sq m. for commercial real estate group A / 1, and not less than a total of L. 6,000,000; 2) L. 30,000 per sq m. for commercial real estate group A / 2, and not less to a total of L. 3,000,000; 3) L. 25,000 per sq m. for commercial real estate group A / 3, but not less than a total of L. 2,500,000; 4) L. 20,000 per sq m. for commercial real estate group A / 4, and not less in total to L. 2,000,000; 5) L. 15,000 per sq m. for commercial real estate group A / 5, and not less to a total of L. 1,500,000. Those who grant loan in another building of residential type are required to declare, for the purposes of registration tax, a rental value as indicated in the preceding paragraph. Art. 11 (Tax Provisions) The residential property, although not completed, lla of the thirty-month maturity from the beginning of the work, become productive income from premises referred to in Article 16 of Law 13 October 1984 n. 91 and subsequent amendments thereto, to the extent that will be determined by the Technical Office of the Land Registry for similarities and comparatively with similar buildings. The period referred to in the preceding paragraph shall be extended until completion of the project and no later than sixty months from the beginning of such work if the physical person-owner produces the Technical Office of the Land Registry an affidavit stating that the construction works are performed by direct labor. When the real estate unit intended for residential purposes is rented, the net income on capital employed, under the second paragraph of Article 16 quoted above, it is equal to 40% of the rental value. The residential property that are included in omgenea area "A1 Historical Center City" of Law 29 January 1992 n 7 (Law of Master Plan) leased to San Marino citizens and / or residents, within two years from the date of ll ' entry into force of this Act, shall be exempted for a period of five years from the date of signing of the contract from the payment of income so manufactured as defined in Article 16 of law 13 October 1984 n. 91 and subsequent amendments and additions. The benefit referred to in the preceding paragraph remains subject to the following conditions:
a) that the lease specifically provides for special request of the owner of the benefits above; b) that the owner of the property produces, when the tax return, a certificate issued by the Town Planning certifying the location of the property within the A1 Area Centro Storico City together with the registered copy of the contract; c) that the owner give rents the property to individuals without a home in property that they do not hold the family ucleo themselves or members of another lease. The exemption from the payment runs from the time when the building was leased and can not exceed at least five years. The violation of the provisions of the fourth and fifth paragraphs of this Article entails for the owner paying tax evaded increased by 30%. TITLE IV FINAL AND TRANSITIONAL PROVISIONS Art. 12 (Right of first refusal) In the event that the landlord intends to transfer for consideration the leased property, the lessee is recognized the right of first refusal. This right is exercised by an obligation on the landlord to notify the tenant the consideration and other conditions where the sale must be carried out. II lessee must report, within thirty days from the date of receiving the communication, the acceptance of first refusal and the conditions relating to it. After that time without the lessee has exercised the option described above, the lessor will be free to proceed with the sale of the property at rzi. If, as a result of under renunciation of the use of the tenant right of first refusal of this Article, the lessor alienate the property in a manner and / or payment other than those specified in the proposed sale, the tenant may plead the nullity of the sale redeeming real estate at the third. In case of violation of the provisions of the preceding paragraphs the lessee is entitled to exercise the right of first refusal, upon deposit at the Civil Registry of the Commissioner's Court validly entered the sum corresponding to that agreed in the authentic instrument. The ascertainment of the nullity is delegated to pronounce the Law Commissioner. The ruling commissioner, ascertained the breach of provisions for exercising the right of first refusal, declaring the contract void and order the landlord to dispose of the rightful owner with the obligation to pay damages to the third party which has relied on the conclusion of the contract proved invalid. The same shall apply if the landlord fails to communicate the offer and terms of sale. The legal action for exercising the pre-emptive right may be exercised by the lessee within sixty days from knowledge of signing the deed. Art. 13 (Adaptation) The values ​​referred to in Articles 4, 10 and 11 can ess king modified with Regency Decree. Art. 14 (Certification of completion of the work) The issuance of the certificate of completion of work is subject to the presentation of the Technical Office of the Land Registry documentation required for accatstamento. Art.15 (Transitional provisions) The leases entered into before the entry into force of this Act are regulated by the provisions in force at the time of conclusion until the policy matures in them scheduled. After the expiry of which the top paragraph, the provisions of this law will be applied. The leases in the statutory extension or contractual arrangements may not be canceled under the second paragraph of Article 1 above, except after a year of the entry into force of this Act. The canon of lease contracts under the extension, where it has not yet paid for the current year 1995 can not be increased by more than double that expected as a fair rent by the former laws. For the current year: - the deadline for the complaint referred to in the first paragraph of Article 5 shall be thirty days and shall run from the date of entry into force of reggenziale decree referred to in paragraph one of Article 6; - The period specified in the second paragraph of Article 6, for the execution of the Office's field audits Technical Cadastre, is raised to one hundred and eighty days. Art. 16 (special tax Exclusion) The residential property that are payable to legal entities, sold under finance leases to individuals are excluded from tax special as well as by the obligation under Article 5 first paragraph as soon they are used by the respective tenants as the main place of residence or work. Art. 17 (repealed Regulations)
The rules contained in Title I of this Act shall repeal and replace those contained in Title II of the law 20 February 1991 n. 26 with the exception of Article 9, which remains in force. Art. 18 (Entry into force) This Law shall enter into force on the fifteenth day following that of its legal publication. Our Residence, this day of 27 February 1995/1694 THE CAPTAINS REGENT Renzo Ghiotti - Luciano Ciavatta THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Antonio L. Volpinari