Check for encumbrances on the property
Agency: Ufficio del Registro e delle Ipoteche – Segreteria di Stato per le Finanze e il Bilancio
The notary accesses the Web Site: www.pa.sm, through a special registered password. The cost of Euro 5.00 is charged automatically via pre-paid to the notary account. The notary enters the company name and COE number, in order to search real estate encumbrances and real estate leasing. it is possible to print the online title search of the company.
Time and cost: Less than 1 day (online), EUR 10 (EUR 5 for each cadastral title search + EUR 5 check for buyer’s leases)
Obtain cadastral maps
Agency: Ufficio Tecnico del Catasto- Dipartimento Territorio e Ambiente (Cadaster office)
A notary or the customer obtains the following documentation on the property from the Cadaster office: (i) Partita catastale (EUR 10): a summary of the ownership and characteristics of the property; (ii) Allibramento catastale (EUR 7): a plant of the building on the property; and (iii) Mappa catastale (EUR 5): a map of the property.
Time and cost: 1 day, EUR 22 (Partita catastale EUR 10 + Allibramento catastale EUR 7 + Mappa catastale EUR 5)
Obtain certificates of use and habitability (abitabilita’)
Agency: Ufficio per l’Edilizia – Dipartimento Territorio e Ambiente
A notary or the customer obtains the following two certificates from the Ufficio Urbanistica – Dipartimento Territorio e Ambiente:
- Certificazione di destinazione urbanistica (EUR 20): certifies the type of activity to be conducted in the property (retail, commercial, wholesale, industrial, etc.);
- Certificato di Abitabilita (EUR 30): certifies that the building respects mandatory construction standards.
Time and cost: 1 day, EUR 50 (Certificazione di destinazione urbanistica EUR 20 + Certificato di Abitabilita EUR 30)
Obtain occupational certificate
Agency: Ufficio del Lavoro
A notary or the customer obtains an occupational certificate (Certificato Occupazionale) attesting the number of employees that work for the buying company.
This certificate must be attached necessarily to the instance to the Council of the Twelve (Consiglio dei Dodici).
Time and cost: 1 day, EUR 50
Obtain certificate of Vigenza
Agency: Ufficio Attovotù Economiche
The notary, or his nominee, submits a written request by fax to the Commercial Chancellery, after one day the certificate is issued and it can be picked up at the office. This certification confirms the status of the company, highlighting the name, the date and number of registration, the corporate bodies, the corporate purpose and the powers of directors under the articles of association.
Time and cost: 1 day, EUR 50
Obtain property transfer authorization from the Consiglio dei Dodici
Agency: Segreteria Esecutiva del Congresso di Stato
The request for authorization to the Council of the Twelve is presented by the Notary at the Executive Secretariat of the State Congress. The Council’s approval is required for the purchase of real estate by the company pursuant to article 21, paragraph 7 of the Law 47/2006 et seq. The application must be accompanied by the following documents:
- Certificate of Good Standing (obtained in Procedure 5);
- Occupational Certificate (obtained in Procedure 4);
- Cadastral Certificate of real estate of the applicant company (obtained in Procedure 2);
- Land Registry Record (Obtained in Procedure 1);
- Cadastral Map (obtained in procedure 2);
- Allibramento (obtained in procedure 2);
- Urban destination Certificate (obtained in procedure 3);
- Certificate in accordance with Law 147 of 28 October 2005 (stating the fact that the property does not fall within the list of properties on which the “Ecc.ma Camera of San Marino” has the right to exercise pre-emption on the purchase), referring to the Property.
The application shall contain a declaration of the notary certifying the existence of real estate leasing ongoing, publicly registered against the applicant company. After the Communication of the Secretariat of Institutional on January 26, 2016, the text of the instance must also state any previous authorizations of the Council of the Twelve to which is not actually followed the transfer of the property.
Time and cost: 24 days, EUR 10
Obtain Certificate of conformity
Agency: Ufficio per l’Edilizia – Dipartimento Territorio e Ambiente
A notary or the customer requests a certificate of conformity as per Article 79 of Law 140/2017. This certifies that there is no pending procedure on violations of construction laws and standards related to the warehouse being sold. In 10 days the certificate is sent to the notary.
Time and cost: 10 days, EUR 50 (EUR 30 + EUR 20 for stamp duty)
Parties sign the transfer contract
Agency: Notary
The buyer and the seller meet at the notary’s office and sign the property transfer contract. The fees are subject to the limits set in the Legal tariff as Approved by the Executive Council of the Order of Lawyers and Notaries of San Marino, dated 01.06.2012 (in force since 01.06.2012).
The notary then prepares 3 certified copies of the deed, including all attachments required (one copy for registration purposes; one copy for transcription; one for Land Registry use).
Time and cost: 1 day, EUR 4,160 (Notary Fees EUR 3.520 + 500 Miscellaneous services of the Notary + EUR 20 per Rights of archive + EUR 20 right of repository + EUR 40 euro for rights of “scritturazione” + EUR 60 for Stamps for three copies of the deed)
Register property transfer deed
Agency: Ufficio del Registro e delle Ipoteche – Segreteria di Stato per le Finanze e il Bilancio
A notary registers the property transfer deed at the Ufficio del Registro e delle Ipoteche – Segreteria di Stato per le Finanze e il Bilancio. Besides the transfer deed (and its certified copies), the Notary has to provide the following documents:
- Authorization of the Council of the Twelve (obtained in Procedure 6);
- Land Registry Record (obtained in Procedure 1);
- Cadastral Map (obtained in Procedure 2);
- Allibramento (obtained in Procedure 2);
- Certificate of conformity in accordance with Article 79 of Law 140/2017;
- Energetic certification.
The Notary goes to the Ufficio del Registro in order to register the deed and pay the transfer tax. The payment takes place at the Ufficio del Registro. After 3 days the deed is registered and the Ufficio del Registro submits the information to the Cadastre office that updates it.
A tax of 3.90% for transfers of immovable property was introduced by Art. 18 of Law n. 146 of 19 September 2014 as an incentive to real estate transfers, instead of the ordinary tax of 6.40%. This favorable tax treatment was extended by art. 37 of Law 144/2016 until 31 December 2017. However, as of January 1, 2018, the ordinary tax of 6.40% (5% for register tax, 1% for transcription and 0.40% for Cadastre) became effective again.
Time and cost: 3 days, EUR 139,557.56 (5% for register tax + 1% for transcription + 0.4% for Cadastre + EUR 130 for stamp duties)
