Restricted housing: who may buy it and live in it

The restriction is about who lives there

Article 39 of provincial law 9/2018 does not govern who may buy: it requires the dwelling to be occupied by people meeting certain requirements, and sets the deadlines by which occupation must begin. The restriction is entered against the property and remains when ownership changes.

If you are buying a home to live in, the distinction makes little difference. It matters in two situations that come up often: buying for a child or a parent who does meet the requirements, and moving to the province for work. In those cases it is worth having the municipality confirm your position before you make an offer.

The requirements set by the law

One of three conditions is enough, and it is enough for one member of the household to meet it: having been resident for at least five years in a municipality of the province of Bolzano; working in a municipality of the province for as long as the dwelling is occupied; or having been resident in the province for at least ten consecutive years before moving away.

The second condition rests on employment and does not require the five years of residence: someone moving to South Tyrol for a job can therefore qualify for a restricted dwelling. The law looks at the tie to the province, not at citizenship. The municipality is the body that confirms the requirements.

How to check before making an offer

The restriction appears on the land register extract, in section C, alongside mortgages and easements. That document is what counts; an account given by the seller does not replace it. Where we handle the property, we obtain the extract before publication and make it available to you.

On the personal requirements the office to approach is the municipality where the property is: it certifies the grounds for the restriction and handles its entry and its removal. An answer in writing obtained before the offer lets you decide on firm ground.

What the restriction rules out

A restricted dwelling may not be let to tourists or kept as a second home, and it may not stand empty beyond the deadlines the provincial rules set; the municipality supervises this and can impose administrative penalties. If the plan is short-term letting, the standing of the property needs checking first.

Resale remains possible, as does letting to people who meet the same requirements. The restriction follows the property rather than the person: whoever buys from you will have to meet them too, and that narrows the pool of buyers compared with an unrestricted home.

What belongs in the calculation

Buyers who meet the requirements and are buying to live in the property move in a segment that non-residents and investors cannot enter, which is what the rule sets out to achieve. Any comparison with unrestricted homes belongs on comparable sales in the same area, because the two segments address different buyers.

If you expect to resell before long, or your employment in the province is not yet settled, bear in mind that the next buyer will need the same requirements and that selling times depend on demand in that particular municipality. It is a judgement to make case by case.