Underground parking in public areas under surface rights

The underground car parks built in the subsoil of public areas under surface rights envisaged in the Urban Parking Plan (PUP) and implemented through the involvement of private economic operators fall into two categories:

  • parking for residents created for the needs of the residents of the area subject to the intervention in order to improve the usability and liveability of the city;
  • rotating public car parks intended to satisfy the short-term parking needs of different categories of users.

All car parks are governed by an Agreement in which, depending on the Notice to which it refers, the "surface right" or the "right of use" is established which in both cases has a multi-year duration (usually 90 years starting from the date of signing the Agreement).

Upon expiry of the concession term, all the works and systems of the car park, including equipment and machinery, will become "de jure" property of the municipal administration. The complete list of car parks built underground in public areas can be consulted in the section Attachments at the bottom of this page.

The regulation of the sale or transfer of garages/parking spaces in car parks built underground in public areas can be found as a priority in the individual Agreements. This regulation is also reported in the deed of acquisition of the box (Notarial deed).

Transfers can be of two types:

  1. First transfer: it is the one that intervenes between the Concessionaire who creates the car park and the first purchaser assigned to the garage
  2. Subsequent transfers: concern transfers that occur after the first transfer (e.g. between the first buyer and subsequent ones).

There are essentially two types of garage or parking space:

  1. Non-pertinent boxes
    They are those not burdened by the constraint of appurtenance to a property. These boxes can be transferred provided that the new purchaser of the surface right possesses the requirements specified in the following paragraph. In order not to have any doubts about the pertinent nature of a box or not, it is advisable to consult the Notary who will take care of the signing of the deed of transfer of the box
  2. Appurtenant boxes
    Pursuant to art. 9 of Law no. 122/89 (so-called Tognoli law), amended in 2012, the transfer of appurtenant car parks is possible, even separately from the real estate unit to which they are linked by appurtenant restrictions.
    The concessionaire of the surface right (or right of use) of an appurtenant box can transfer the right to another subject provided that:
    - the purchasing party is the owner of a property to which the garage that is about to be sold will become part of the property
    - the transfer is authorized in advance by the Municipality. The authorization will be issued provided that the assignment requirements established by the original Agreement establishing the surface right remain, on the basis of which the garage or parking space was assigned.

Important: It may happen that in the deed of assignment of the garage the existence of a pertinent constraint is revealed, however referring only to tax breaks and not to the rules of the Tognoli law. It is therefore advisable to consult the Notary who will take care of the signing of the deed of transfer of the box. This in-depth analysis is necessary to establish what is required to proceed with the transfer of the box: simple communication (non-pertinent box) or request for authorization (pertinent box "Tognoli law").

In the document attached here all the FAQs on Transfers of relevant and non-related boxes

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Updated: 28/04/2022