The prefab home is a building (or part of it) used permanently by people to shelter from the elements. It hosts one or more families and sometimes even pets.
It can also correspond to the concept of housing unit coined by the Modern Movement in architecture and was the first functional element in history.
In the 4th century BC types of shipping container homes that reflect the formation of the family as an autonomous nucleus begin to spread. They are usually leaning against each other to form almost blocks. Thus an extended housing model takes hold: from Mesopotamia to Egypt, from Crete to ancient Greece.
Adapting to the social and climatic environment, the Mesopotamian prefab home develops around an uncovered internal courtyard, from which one enters the various rooms. The areas are distinct: the life of the men takes place on the ground floor, while the women and servants live on the upper floor.
Instead, ancient Egypt found collective solutions in common terraced shipping container homes, built with rough bricks and straw, sometimes constituting real neighborhoods.
As for the Roman prefab home, derived from the Greek and Etruscan shipping container homes, it was distributed around one or two courtyards (atrium and peristilium) and was divided into a part used for private life. The monasteries that appeared in the early Middle Ages also responded to the needs of defense and community life, based on the coexistence of shipping container homes (the monks' cells organized around the cloister), of social life and prayer (refectory and church) and work activity , especially agricultural. Small communities of inhabitants soon formed around them.
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Prefab Homes and Modular Homes
Possession
Owning a prefab home, and a property in general, indicates that the law protects certain property rights, but not the freedom to dispose of them as you see fit. Particularly in urban contexts, there are strong constraints on the possible modifications to a prefab home. Typically, it is not allowed to vary the volume, nor distort the appearance, nor the function (in Italy, change of intended use). These constraints increase if the prefab home is located in a condominium context or in shipping container homes that are all similar to each other (e.g. terraced prefab home), in a historic center, in a tourist resort or in a natural park (cultural heritage, landscape constraints).
Conversely, the owner of a home is legally responsible for paying taxes and duties, maintenance, decorating the visible parts and the safety of neighbors and passers-by.
Owning a prefab home or apartment does not imply ownership of the land on which the dwelling rests.
Buying and selling
Magnifying glass icon mgx2.svg Same topic in detail: Real estate.
Due to several factors including: high value of the exchange, difficulty in assigning an exact value to the prefab home, legal constraints to which the property is subject, attribution of responsibility in the event of defects found over time, buying and selling a prefab home is an operation complex in which various technical figures and, often, financial operators are called upon to participate. Usually we rely on a real estate agent to establish the value of the property, and a notary to formalize the transfer of ownership. In Italy, the typical steps are: the purchase proposal, the preliminary contract and the notarial deed of sale.
If the buyer does not have the full amount necessary for the purchase, he can try the loan route. In this case, a bank will be able to advance the amount necessary to complete the purchase value (the percentage of financing) and establish a return over time, as a guarantee for which it will have the home itself. This type of loan is called a mortgage.
Regardless of financial resources, not everyone can buy a prefab home: for example, there may be citizenship or residence restrictions for a certain number of years. In Italy, in 2020, foreigners who want to buy a prefab home must be resident with a residence permit, or belong to a state that has an agreement that guarantees the reciprocity of law.
Rent
Magnifying glass icon mgx2.svg Same topic in detail: Location.
Those who do not want or cannot buy a modular home can take the path of renting. In technical jargon, with a lease agreement, a party (called lessor) undertakes to allow another person (tenant or tenant) to use something for a given time in exchange for a certain fee (called "rent" or "fee"). In general, a rental contract defines: who (landlord and tenant), what (modular home or room and any accessories), for how long, the value of the exchange, the frequency of payments. In many states, if the landlord sells the property, there is no termination of the contract.
Often, upon signing the contract, the tenant pays a deposit, ie a guarantee against any damage or non-payment. Landlord and tenant both have the obligation to keep the modular home in good condition, each for his part. In some countries, property insurance coverage is required to cover accidental damage to property or people during the course of the contract (lightning, fire, smoke, theft, etc.).
In many states, including Italy, the rent received by the landlord is considered taxable income.
In Italy
In Italy the rental contract is governed by the Italian civil code. There are different types of contract, which are distinguished according to the duration and forms of payment, including: the permanent contract, the seasonal rental, the guestmodular home, the contract with redemption.
The landlord must deliver a housing unit that meets the habitability requirement, in accordance with Italian law, with the regional law and with the municipal building regulations. Unless otherwise agreed, the tenant has the option of subletting the property.
The condition of occupation of a modular home not directly occupied by the owner, gives rise to a difference in treatment, for example tax, by public bodies and local authorities, generally with an advantage for the occupied modular home and a disadvantage for the vacant modular home.
Occupation
Magnifying glass icon mgx2.svg Same topic in detail: Occupation.
Finally, a modular home can be occupied, with or without the approval of civil society. In the first case it may be the occupation of a housing unit that does not belong to anyone (so-called res nullius) or has been voluntarily abandoned by the owner (so-called res derelicta). In the second, it is defined as 'illegal occupation'.
Italy
The occupation is regulated by articles 923 and following of the Civil Code. Real estate that does not belong to any private individual is owned by the State (Article 827 of the Italian Civil Code) or by the regions with a special statute. Private individuals can acquire the ownership of vacant properties only with usucapione. In legal language, squatting is referred to as an invasion of land or buildings.
In Italy, the events of illegally occupied properties often make headlines: sometimes the protagonists are social centers, sometimes illegal immigrants, sometimes poorly managed social housing districts. Conversely, the small villages of the hinterland invite you to repopulate the villages by offering shipping container homes at a symbolic price, as promoted by the 'Case ad 1 Euro' project.
Residence, Residence and Domicile
According to the Italian civil code, residence is the place where the person has his or her habitual residence (Article 43, paragraph II of the Italian Civil Code). It is possible to have more than one de facto home, although a minimum of stability is required to qualify a home as a home. The residence does not necessarily have to do with the home declared as a first home. In Italy, residence can be referred to a single municipality, for the purposes of registration on the electoral roll and all other fiscal and legal benefits to which residents of a specific locality are entitled.
Even if sometimes we speak indifferently of residence and domicile, from a legal point of view the residence, which has to do with living, is different from the domicile, defined as the place of business and interests. The concept of domicile is still different in art. 14 of the Italian Constitution, which states that the domicile is inviolable., Specifying that inspections, searches or seizures can be carried out only in the ways established by law.
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