Declaration of alienation or succession of cultural property

The main purpose of the notification of transfer is to allow the possible exercise of the right of pre-emption in favour of the Autonomous Province of Trento, which has the right to purchase the cultural property, sold for consideration, at the same price established in the deed of sale (art. 60).

Pre-emption must be exercised within sixty days of receipt of the complaint (art. 61, par. 1) or within one hundred and eighty days if the complaint is filed late or is incomplete (art. 61, par. 2).

Within these terms the pre-emption measure is notified to the transferor and the purchaser and ownership passes to the Province from the date of the last notification (art. 61, c. 3). The deed, during this period, remains conditional on the exercise of the right of pre-emption and the transferor may not deliver the property (Art. 61(4)).
Violation of the alienation provisions are penalised under Art. 173 of the Code of Cultural and Landscape Heritage.

A report shall be deemed not to have been made if it does not contain the information required under subsection 4 or if it contains incomplete or inaccurate information. In the event of breach of the obligation, criminal and administrative sanctions shall be imposed on the offender. (Article 59(5)).

The application must be made

• by the transferor or the transferor of the holding in respect of movable property, in the case of a transfer for valuable consideration or free of charge;
• by the purchaser, in the case of a transfer under compulsory sale or bankruptcy proceedings or by virtue of a judgment giving effect to an unfinished contract of sale;
• by the heir or legatee, in the case of succession upon death.

You can file a declaration of alienation or inheritance or by e-mail at the following address serv.soprintendenza@pec.provincia.tn.it by traditional means, i.e. by registered mail with acknowledgement of receipt or hand-delivered to the offices of the Superintendency of Cultural Assets Technical Service, at the various decentralised public information and assistance desks throughout the territory, or forwarded by fax together with any attachments described in the complaint forms.

The complaint must contain

• the identification data of the parties and the signature of the parties or their legal representatives, (so that it is clear that both parties are aware of the constraints existing on the "thing" as a result of the declaration of cultural interest)
• the identification data of the property and any plans or documentation identifying the property;
• an indication of the price of the property sold;
• an indication of the place where the goods are located;
• an indication of the nature and conditions of the deed of transfer;
• an indication of the parties' domicile in Italy for the purposes of any communications;
• photocopy of an identity document of the applicant (if the application is signed with a handwritten signature and not in the presence of the employee in charge);
• priavcy notice pursuant to Art. 13 of EU Regulation no. 679 of 2016.

In the case of a transfer, whether for consideration or free of charge, the report must be submitted within 30 days of the conclusion of the contract by which ownership is transferred.

For the heir, the time limit commences upon acceptance of the inheritance or upon submission of the declaration to the competent tax office.

For the legatee, the time limit commences from the notarised notification provided for in Article 623 of the Civil Code, unless it is waived pursuant to the provisions of the Civil Code.