The stereotype is known. A desk, lots of papers and a bulging wallet. Yet the notary profession has changed a lot in recent years. According to the calculations of the Association of private social security institutions, the average income has collapsed: it has more than halved in the space of six years, reaching 72 euros a year. In just one year, between 2012 and 2011, a drop of 26,77% was recorded. There are more notaries today. Cards are less (it may seem strange, but they are among the most computerized professions). The money as well. A decline that goes hand in hand with that of the incomes of all professionals.
Maurizio D'Errico, president of the National Council of Notaries, explains the reasons for this phenomenon and how much the collapse of the real estate market has had in all this.
The economic crisis of these years is unprecedented: businesses close down and the real estate market is substantially at a standstill. From 2008 to today, all of this has led to a drop in the activity of notaries equal, on average, to 50%, with repercussions also in terms of employment. There are about 40 employees and collaborators of notary offices, for which more and more often resorting to the reduction of working hours and, as far as possible, to layoffs in order to safeguard jobs.
– What has been done and what are you going to do to counteract the decline in activity?
The priority right now is the country's economic recovery. This is why all our initiatives go in this direction; a revival of the economy would bring benefits to the whole system, including professional categories. We are the first appliers of the laws and for years we have presented concrete proposals for simplification: today the professions are finally listened to and are at the side of the Government to help de-bureaucratize the country.
– How?
We recently presented some specific bills for the real estate market which – in full compliance with the certainty and security of legal relationships – could help dispose of unsold new buildings and reactivate sales, giving everyone the opportunity to buy a home.
Among these, the main one is a specific regulation - both at a fiscal and civil level - for the "rent to buy", also called "rent with redemption", thanks to which you can buy a house even without bank financing. In essence, the formula provides for the possibility of signing a lease contract, with the option that in the future the property can be purchased by deducting the installments paid for the rent from the purchase price. In addition, the buyer and seller would be granted a tax credit paid during the tenancy.
We are also working on various business issues, always with the aim of helping and encouraging recovery.
– In your opinion, is the crisis destined to worsen in the future?
In the last period, and in any case for 2014, some lenders have planned an increase in the limits to be allocated to mortgages. Consequently, an increase in mortgage granting is expected in the coming months. In fact, the first monitoring shows that even the subrogation is once again attracting the attention of Italians who, being able to count on lower spreads, are starting to ask to replace their loan again with one offered by a different bank, but at more advantageous conditions. This too could give hope for a recovery of the brick and mortar sector. The latest OECD data speak of growth in the coming years which, although slight, is in contrast with the data of recent years. Our commitment will therefore continue to be proactive for the same purpose as the Government.
– Are there big differences between those who are now entering the profession and those who have been professionals for many years? Have the opportunities changed?
The technological revolution has changed the profession by imposing changes in mentality, training and continuous updating. The Notary took advantage of this change from the start in order to respond to the new needs of society while maintaining the guarantees of legal certainty intact. In September 2012, the computerization process of the property advertising procedures was completed. In January 2013, the notary's office developed the system that allows the signing of the computerized public deed and its conservation in accordance with the law, in the sector of public contracts for works, services and supplies, putting the Government's digital agenda into practice (legislative decree 179/12, converted into law 221/12). Also in 2013, the first cycle of divestment of the real estate assets of a public body started through the notary telematic auctions developed by the Notaries with results that really went against the trend of the real estate market. Beyond clichés, notaries are highly computerized and technologically advanced professionals. This is the only professional category that works "paperless" in Italy.
In addition, the notary's office has recently presented cohabitation contracts to meet the needs of a changing society. It is certainly not up to us to enter into a matter on which the legislator must decide whether to intervene or not, but we note the fact that many people ask for notarial advice to regulate especially the patrimonial aspects of non-marital emotional relationships. From this was born the proposal of tailor-made contracts to protect the needs, especially the economic ones, of coexistence.
Through the new IT tools and by interpreting the new needs of society, the notary's office has adapted to the times, also creating new job opportunities.
– What has changed with the liberalisations?
With the Monti decree of 2012 there was an increase in notary offices which rose from 5.779 to 6.279, the competence of notaries was extended at a territorial level which passed from the notarial districts to the Court of Appeal. As for the reform of the professions of 2012, notaries had already anticipated most of the changes in 2006: the insurance became compulsory by law for all notaries in 2006, the year in which the traineeship was also reduced from 24 to 18 months, introduced the principle of impartiality in disciplinary proceedings managed through the regional disciplinary commissions which are chaired by magistrates and finally introduced the obligation of mandatory continuous training. In the past, politics has exploited the theme of liberalization by not really focusing on the necessary simplification priorities that are fundamental for lasting growth. Today we have realized that the priorities are justice and simplification of the authorization procedures of the PA: we are therefore working to be a valid and concrete partner.
– The debate on the legitimacy and existence of professional orders is always lively. What is the added value offered by the Notary? Why is it important that it exists?
Through the control of the legality of notaries, as public officials, the Notary performs a function of preventive justice which allows for an almost non-existent level of litigation in Italy in the real estate (0,003% of total real estate transactions) and corporate sectors.
The role of subsidiarity exercised by the professions towards the State is therefore clear, which could still be strengthened with a view to modernizing the country at no cost. With this in mind, as an order we have presented many proposals in recent years that could make a significant contribution to the simplification of the public system, to the modernization of the social system and to the revitalization of the economy: from contributions for the recovery of the real estate sector to alternative instruments to the procedure to streamline and speed up the civil process as well as cohabitation contracts, an issue particularly felt by many Italians but not yet regulated.
