An immovable asset is anything which is naturally or artificially anchored to the ground, and which cannot be moved without altering its structure. Immovable assets include, for example, land, houses, factories, buildings of any kind, forests, etc...

Movable assets are anything which does not fall into the “immovable assets” category, and which by its nature can be moved.

Real estate sales put assets considered “immovable” up for auction, i.e. auctions of houses, land, buildings. Movable property sales put assets considered “movable” up for auction, such as cars and vehicles in general, furniture, jewellery, industrial machinery or tools, and other miscellaneous items.

When it comes to real estate sales, there are three types of online auctions:

• synchronous (Art. 21 of Italian Ministerial Decree 32/2015): this is a real-time auction, in which everything takes place online and it is possible to use the chat function during the auction;
• mixed synchronous (Art. 22 of Italian Ministerial Decree 32/2015): this combines traditional and online auctions, with participants bound by their initial choice: those who formulated their bid in paper format shall participate by appearing before the contact person for the procedure, while those who placed their bid online shall continue online. However, the auction is still conducted in real time;
• asynchronous (art. 24 of Italian Ministerial Decree 32/2015): bids and bid raises take place online only, at any point within the pre-set time frame indicated in the notice of sale. If a user submits a higher bid, other participants are notified and may bid again. At the end of the fixed auction period, the highest bidder is awarded the auction.

The judge shall determine and specify the details of each online auction in the notice of sale. In all cases, the auction is concluded with the payment of the balance due (less the bid bond).

Movable property sales, on the other hand, include:

• online auctions: timed electronic auctions (asynchronous) in which, at the end of the set time, the highest bidder wins;
• simultaneous auctions: sales operations can be conducted by electronic means as well as in person, at the auction site, at the same time. During the auction, the users on-site can also view the bid raises received from users logged onto the portal;
• bid collection: bids can be placed throughout the entire period provided for. Once this time has elapsed, the highest bid constitutes the starting point for an auction which takes place only in the room. If no new bids are received in the auction room, the property will be awarded to the highest online bidder.

Prolongation is also possible for all auction types, activated exclusively in the event of bids arriving during the very final minutes. The new countdown starts when the last bid is received, and the auction shall be extended until no more new bids are submitted.

Anyone may participate in a judicial auction (arts. 571, para. 1 and 579, para. 1 of the Italian Code of Civil Procedure) apart from a few specific figures, such as a debtor subject to enforcement (for the satisfaction of a personal debt, art. 579 Italian Code of Civil Procedure).

The other persons prohibited from participating in the auction are those referred to in Article 1471 of the Italian Civil Code, namely:

• administrators of assets belonging to the State, the municipalities, the provinces or other public bodies, with respect to the assets entrusted to them;
• public officials (e.g. notaries, lawyers, bailiffs, clerks of the court), with respect to the assets in whose sale they are involved;
• persons who, by law or act of public authority, administer the assets of others (e.g. parents with respect to the assets of their minor children);
• proxies, with respect to the assets they have been instructed to sell, unless their principal has expressly authorised them or the purchase does not involve a conflict of interest with the principal. The prohibition on purchasing for these persons applies only with respect to the assets entrusted to them.

There are some specific prohibitions for parents or guardians with respect to the assets of minors or incapacitated persons. Those who break these rules risk the purchase being declared invalid. However, there are some exceptions: a spouse with respect to community property, a debtor's child (if the debtor is alive), and a partner in a company, who may participate under certain conditions.

Foreigners from within the EU, and those from outside the EU who have a valid residence permit, can also participate in the auctions. On the other hand, non-EU foreigners who are not resident in Italy cannot participate from abroad, unless there is a reciprocal agreement between Italy and their country of origin (i.e. an Italian citizen can participate in auctions in that country from abroad).

According to Article 579 of the Italian Code of Civil Procedure, participation in a judicial real estate auction may take place:

• in personal;
• through a notarised special power of attorney, which may only name a registered lawyer (a notarised power of attorney is necessary in the case of a bid placed by a multiple people);
• through a lawyer for a person to be named (Art. 583 of the Italian Code of Civil Procedure).

Online real estate sales

When Spazioaste is the the appointed Manager of the online sale, the auctioneer can access the platform via the login page.

Access is granted by means of tax code and password (the profile is activated by the Manager when the first online auction is set up), digital signature via CNS certificates, or QRcode reading with the “Spazioaste Pro” app.

Online movable property sales

Online auctions of movable property are managed by Astalegale's operators or authorised commissioners (IVG). Access is via the following page.

Professionals/receivers interested in selling movable property from their procedures can contact Astalegale's customer service directly to proceed with the activation of auctions.

In order to participate in an online real estate sale, it is necessary to submit a bid in advance, in accordance with the provisions of the notice of sale and in compliance with the deadline for submitting bids. The bid must also be accompanied by all the necessary documents required by the sale regulations and be preceded by the payment of a bid bond by bank transfer. The bid presented shall be irrevocable. To place the bid online, it is necessary to be in possession of a certified electronic mail and a digital signature (Ref. Italian Ministerial Decree No. 32 of 26 February 2015)

In order to place an online bid, click on the “send bid” button on the detailed page of the item you are interested in, then proceed to fill in the web form through the public auction portal. Once the bid has been prepared, it must then be sent by certified electronic mail to the dedicated address of the Italian Ministry of Justice.

Following confirmation of the acceptance of the bid submitted, the user shall receive credentials and a link on the day of the auction, which they can use to access the portal and participate in the auction with bid raises.

Registration on the portal www.spazioaste.it is required for participation in an online movable property sale. After registering, once you have logged in with your user name and password, you can click on the “participate” button inside the page listing the asset you are interested in and follow the guided procedure to join the auction. The payment of an initial bid bond may be required for participation and registration in the auction. This may be paid either by bank transfer or by credit card (not all auctions require the payment of a bid bond; check the notice of sale).

Once the bid has been accepted, it is possible to proceed with bid raises until the indicated close of the auction.

The Spazioaste platform enables interested parties to attend online real estate sales as spectators, without necessarily having to participate.

Requests to attend must be authorised by the professional acting as the contact person for the procedure, who shall follow the Court's instructions on whether to allow third parties to view the auction. Requests to attend must be sent by the interested party before the deadline for the submission of bids as set out in the notice of sale.

To send the request, click the “Participate” button followed by “Attend auction” on the detailed page for the relevant item.

Should the request be authorised, the user will receive confirmation with a link and access credentials valid exclusively for the sale in question. While watching, it will not be possible to place bid raises in any form.

Possession of a certified email inbox and a digital signature is necessary to participate in online real estate sales. These digital tools are required in order to submit an online participation request.

Sales between private individuals can only be offered by trustworthy, certified companies that use their own brand name and independently manage the sale of various kinds of movable property.

The user makes contact directly with the suppliers for information about the sale, the payment method and the delivery of the goods.

Sales between private individuals can be conducted in the same manner as judicial sales (see the FAQ for the latter).

You can contact technical support for technical queries relating to registration on the portal and online sales, using the following contact details:

garaimmobiliare@astalegale.net

garamobiliare@astalegale.net

For private individuals: 02 800 300 21

For auctioneers: 02 800 300 22

GAP* services are also at your disposal, for dedicated help in preparing online bids and participating in auctions:

• GAP Light Service: assistance in preparing online bids
• GAP Full Service: offers full support for a stress-free auctions, from participation to the after-sale stage

* Services not available for sales ordered by the Court of Monza