Before we left ilkley many weeks ago Mario contacted us as he had signed for two registered letters sent to us by the Comune. Briefly the 4 pages said there was a planning violation at our house, the original owner and a date of 1985 were mentioned and more importantly a fine totalling over 3,300 euros and various documents were required to regularise things. It said we had 60 days to respond though later we were told it was really 90, whichever time is almost up.
Obviously the letter didn’t state what exactly the violation was, our minds ran riot, was it the terrace we made in the lower garden, surely we didn’t need permission for that, what if all of the house was built without permission. Eventually we discovered it was the recently restored balcony and the room below it that were added not long after the house was built.
I’ll try to précis the activities that have occupied most of our time over the last couple of months.
We wrote 4 times to the Comune trying to clarify things, finally asking for a meeting, there was no response at all. We tried to arrange a meeting on line, the booking programme didn’t work. Finally MrFF went to the Comune to be told that although the letter came from them, was signed by Stephano who we know and gave the email address at the Comune that we’d used, they were not dealing with the matter. It was another organisation mentioned in the small print to whom we then sent everything the Comune had already received. No reply to date.
We appointed the Italian lawyer in Scotland who we used to buy the house. She has basically told us everything we already know and nothing more, we had hoped she’d on be on the phone to Italy all guns blazing particularly as she charges £300 per hour. This week she wrote to say because she is in Scotland she cannot help us after all and suggested we find a local lawyer, we are wondering if we will get a bill for her non assistance so far.
We tried to appoint the local geometra who worked for the two previous vendors to provide all the plans and technical certificates requested to accompany the fine. MrFF could easily produce these himself but his engineering qualifications are not recognised here. We have so far waited six weeks for a price for this work, the fees could double the fine we have to pay, it’s beyond a joke.
From our own research we’ve discovered the original owner did apply to regularise the extension in 1985, he paid the comune about 1,000 euros but for some reason left around 750 euros outstanding. This sum plus about 40 years interest and admin fees gives the 3,300 now due.
I am furious. The Comune have known since 1985 they this situation existed, the property has been sold twice since, 3 times if you count when our vendor bought out his estranged wife. Each time 2 geometras one for each party and a notary have been paid to check the deeds and documents are in order, yet we are the ones who end up with the fine.
We’ve contacted our vendor, he said the original owner sorted everything years ago but research shows that days before we bought documents were submitted to the Comune about the extension by our vendor, it seems no money was paid.
The galling thing is that the extension is shown on the documents at the tax office. We pay tax relative to the size of our property, we pay tax on the illegal extension. How can they recognise and benefit from illegal works and sit back letting the fine mount up.
It’s a complete mess, professionals are at fault but it will cost more than we owe to untangle this, besides why would we employ more of them having been so let down. We are leaving at the weekend and after almost two months of trying to make progress we are no further forward.
Here is the offending structure, maybe it will have been demolished by the Comune before we return though on past results that will take another 40 years to organise and we will be long gone
