Squatters beware!

If you own a property in Italy, this article may be of interest to you, even more so if your property is vacant.

Recent changes in Italian law aim to protect property owners from unauthorized occupation, a concern for many, especially those living elsewhere or abroad.

On Sept. 10, Italy’s Parliament (Camera dei Deputati) approved a proposed law focused on enhancing urban security and reinforcing property rights. A key issue addressed by this legislation is unauthorized occupation, which has been on the rise. The new law introduces provisions to ensure quicker recovery of properties and stronger penalties for illegal occupants.

The key points of the proposal (remember, not a law yet) are the following:

1) Introduction of a New Crime — The law establishes the crime of “arbitrary occupation,” prosecutable upon the property owner’s complaint. This gives homeowners a clear legal path to protect their properties.

2) Severe Penalties — Penalties for arbitrary occupation are severe, ranging from two to seven years in prison. This is designed to deter unauthorized individuals from occupying properties.

3) Swift Legal Action — The law introduces an emergency procedure to expedite the release of unlawfully occupied properties, ensuring that owners can reclaim their real estate without lengthy legal delays which would be experienced through a mere civil action.

In the United States, protections for property owners in similar situations vary by state, but the overall process for dealing with unauthorized occupation — often referred to as “squatting” — can be different. While U.S. property owners can evict squatters, the process is usually civil rather than criminal, often requiring a court order, which can take time. In some states, squatters can even gain certain rights over time through adverse possession, which typically doesn’t require criminal penalties. The same can actually happen in Italy (so called “usucapione”) if specific requirements are met.

This new legislation may offer homeowners a more robust protection for assets in Italy, potentially addressing concerns about squatters and ensuring quicker resolution if unauthorized occupation occurs.

However, the law also raises concerns, particularly about its potential impact on vulnerable individuals in need of housing. The final version of the law will likely determine how it balances property rights with social justice concerns.

We shall see how the Italian legislator will balance the two sides.

Send your questions regarding Italian law to cbortolani@aliantlaw.com and I’ll be glad to answer them.

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