WHAT SIMPLIFICATIONS AND CONCESSIONS HAVE RECENTLY BEEN INTRODUCED WITH REGARD TO VALUATIONS IN COMPULSORY PURCHASE SCHEMES?
The Infrastructure Law Decree has introduced procedural simplifications for acquirers and raised levels of compulsory purchase compensation.
In accordance with the Law Decree, if a voluntary contract of sale is concluded within a month of effectiveness of the declaration of public interest, persons with full ownership for at least twelve months from the date of entry into force of the legislation, who have entered into the above contract of sale, shall be paid compensation based on the market value plus 15%. This payment shall be made within thirty days of registration of the contract.
In addition, the above contracts of sale are not subject to the building, urban planning, energy-related and land registry requirements provided for in law.
If the property is used as a main residence, additional compensation is payable to cover relocation expenses. This amounts to up to a maximum of €40,000, to be quantified on the basis of the actual circumstances, taking into account the cost of purchasing furniture and fittings and any other related cost of moving home. Tenants who can provide proof of their right to compensation by presenting a legally registered rental agreement are also eligible for this additional compensation covering relocation expenses. The contract must have been registered for at least a year following the entry into force of the above Law Decree.
If the owner or tenant cannot provide proof of residency in the property for at least twelve months following the entry into force of the above Law Decree (bring 30 June 2024), the additional compensation to cover relocation expenses is reduced to €10,000.
In the case of life tenants, a portion of the above compensation is payable within thirty days of registration of the contract of sale. The amount is calculated using the ratios contained in the Ministry of the Economy and Finance decree of 21 December 2023. A matching reduction is applied to the portion paid to the bare owner. Finally, this provision also applies to properties included in the compulsory purchase plan that host the operating premises of a business. In this case, the additional compensation is quantified on the basis of the market value of the property plus 9% for covered areas and 3% for uncovered areas. To ensure that the business can restart, the above businesses will also receive compensation to cover the loss of any equipment, machinery and materials, or the cost of their recovery and transfer.