Are you a member? /
Home >  1st PUBLIC AUCTION – MINISTRY OF DEFENCE

1st PUBLIC AUCTION – MINISTRY OF DEFENCE

1st NOTICE OF PUBLIC AUCTION
FOR THE SALE OF ONE OR MORE PRIME AND NON-PRIME, NON-RESIDENTIAL REAL ESTATE UNITS – BARRACKS – OF THE MINISTRY OF DEFENCE

The public auction shall be held between 23 and 26 October 2023 via online procedures through the Notarial Auction Network of the Notaries National Council.

THE MINISTRY OF DEFENCE, as published on the OFFICIAL GAZETTE OF THE ITALIAN REPUBLIC, holds for sale the full ownership of multiple prime and non-prime, non-residential free real estate units located within a single structure or area. The lots shall be sold taking into account:

– Art. 307 et seq. of Legislative Decree no. 66 of 15 March 2010, containing the “Code of the Military Order”, which regulates the alienation of military properties no longer functional to institutional needs;
– Legislative Decree no. 42 of 22 January 2004, containing the “Cultural Heritage and Landscape Code, pursuant to Art. 10 of Law no. 137 of 6 July 2002”;
– Art. 1, par. 422 et seq. of Law no. 145 of 30 December 2018 (2019 Budget Law);
– The Ministry of Defence Decree of 14 June 2019, concerning the “Alienation of State-owned real estate properties used by the Ministry of Defence for non-residential purposes”, to be sold pursuant to Law no. 145 of 30 December 2018 (2019 Budget Law);
– The Prime Minister’s Decree of 10 July 2019, containing the “Approval for the Plan for the Sale of Public Properties, in accordance with Art. 1, par. 422 of Law no. 145 of 30 December 2018” (2019 Budget Law);
– The “Instructions for the State Treasury service” regulating the payment conditions for the State Treasury.

This auctioning procedure was developed together with the Notaries National Council, with respect to the agreement signed on 17 December 2020 for the management of auctioning and sale procedures for real estate properties via online procedures.
The Auctions shall be carried out for each Lot, each composed by multiple prime and non-prime, non-residential free real estate units inclusive of any eventual adjacencies and pertinencies. The detailed list of lots, complete with the documents (layout plans, photos, etc.), the list of Notaries to whom the tenders must be submitted, as well as this Full Notice of Public Auction, the Book of Auctioning Conditions and its Annexes (facsimile Forms) are made available on the official website of the Ministry of Defence at www.difesa.it and on the official website of the Notaries National Council at www.notariato.it and www.avvisinotarili.notariato.it.
The technical specs/information regarding the Lots held for sale may be exceptionally amended directly by the Ministry of Defence via the publication of a relevant “corrigendum” on the aforementioned official websites, notwithstanding the obligation of each bidder to review any update/amendment before submitting their tender.

Type of Auction:

The Auction consist in the submission, on behalf of any subject (natural or legal person) in possession of the requirements envisaged to commit themselves by contract with the Public Administration, of a Sealed Bid for an amount at least equal to the Auction’s base price indicated in the Notice published on the Official Gazette of the Italian Republic.
In the event of a single valid Sealed Bid, the lot shall be sold to the bidder who submitted said valid Sealed Bid, while, in the event of multiple Bids, the Auction procedure shall take place.
The Auction shall entail the submission, by the bidders, of Open Bids of increasing value, with minimum raised bid equal to 1% of the Auction’s base price.
In the absence of valid increasing Open Bids during the Auction, the lot shall be assigned to the subject who presented the highest Sealed Bid; in the case of ex aequo Bids, the lot shall be sold to the bidder who submitted his/her tender first (time priority) and, in the event of a contemporary submission, the auction shall end by drawing lots.

Guarantee and Commitment Deposits:

Bidders shall, under penalty of exclusion, provide a guarantee deposit to the Ministry of Defence as a guarantee of their bid amounting to 10% of the auction’s base price and in accordance to the terms set forth in the relevant Book of Auctioning Conditions. The Deposit must be provided, under penalty of exclusion, via bank surety to be handed over to the Notary (Auctioneer or Secondary), under the conditions set forth in the Book of Auctioning Conditions. The aforementioned surety must be issued by a banking institution authorized to issue sureties in favour of the Ministry of Defence and it shall contain the guarantor’s commitment to renew it at the request of the Ministry of Defence if the award has not yet taken place and/or the purchase agreement has not yet been stipulated. The surety must be on first demand, without any benefit of prior enforcement as set forth in Art. 1944 of the Italian Civil Code, effective and irrevocable for the duration of one year, as well as issued following the publication of the Notice of Public Auction.
Moreover, in the event of the award, the bidder shall pay, within the terms provided for in Par. 3.2 of the Book of Auctioning Conditions, the Commitment Deposit, equal to 20% of the final sales price, under penalty of award revocation and final forfeiture of the guarantee deposit by the Ministry of Defence.

Purchase Agreement:

The Purchase Agreement between the Ministry of Defence and the Successful Bidder shall be drawn up by the Notary (Auctioneer or Secondary) to whom the Sealed Bid was submitted, or by a trusted Notary appointed by the Successful Bidder (to be identified by using the form under Annex E of the Book of Auctioning Conditions).
The subscription of the Purchase Agreement shall take place within the essential term of 60 calendar and consecutive days from the receipt by the Successful Bidder of the communication regarding the existence of the conditions for carrying out the deed of the Purchase Agreement. At the time of signing the Agreement, the Successful Bidder shall have to prove the payment of the balance of the entire sale price, by delivering the relative original payment receipt with the bank CRO/TRN (Transaction Reference Number) to the relevant Notary.
In the event of failure to subscribe the Purchase Agreement within the essential term indicated above, due to the act or fault of the Successful Bidder, the latter will be forfeited from the award and the Ministry of Defence will have the right to forfeit the Guarantee and the Commitment Deposit, without prejudice to the right to greater damages. In this case, the Auctioneer shall identify the new Successful Bidder on the basis of the next best bid, according to the procedures set out in par. 3.2 of the Book of Auctioning Conditions, or shall notify the Department of Works and State Property of the Ministry of Defence of the need to issue a new Auction.
In the event that the buildings have been declared of cultural interest pursuant to Art. 12 of Legislative Decree no. 42 of 22 January 2004 (Cultural Heritage and Landscape Code), pursuant to Art. 59 et seq. of the same Legislative Decree, the sale shall be subject to the suspensive condition of the non-exercise of the pre-emption right.
The Department of Works and State Property of the Ministry of Defence will promptly notify the Successful Bidder of the exercise or non-exercise of the pre-emption right by those entitled to it, thus summoning him/her before the Notary for the formal recognition of the fulfilment or non-fulfilment of the suspensive condition, which must take place within 7 natural and consecutive days from the summoning; this term is essential in the interests of the Ministry of Defence.
At the time of formal recognition of the fulfilment of the suspensive condition, the Successful Bidder shall have to prove the payment of the balance of the entire sale price, by delivering the relative original payment receipt with the bank CRO/TRN (Transaction Reference Number) to the relevant Notary for the return of any surety.
In the event of failure to subscribe the deed recognising the fulfilment of the suspensive condition within the essential term indicated above, due to the act or fault of the Successful Bidder, the latter will be forfeited from the award and the Ministry of Defence will have the right to forfeit the Guarantee and the Commitment Deposit, without prejudice to the right to greater damages. In this case, the Auctioneer shall identify the new Successful Bidder on the basis of the next best bid, according to the procedures set out in par. 3.2 of the Book of Auctioning Conditions, or shall notify the Department of Works and State Property of the Ministry of Defence of the need to issue a new Auction.
In the event that the property awarded does not have the documentation referred to in Art. 7 of Ministry of Economic Development’s Decree no. 37 of 22 January 2008 nor the requirements relating to the conformity of the systems, also taking into account that the property was offered at an Auction as found in fact and in law, the Successful Bidder shall acknowledge these faults and shall explicitly waive in the deed of sale the guarantee referred to in the aforementioned decree and any dispute in this regard. At the time of the deed of sale, the Successful Bidder shall also explicitly waive the guarantees against defects and third party rights and the right to request reductions in the award price or compensation for any damage connected to the above.
The property is sold per aversionem, as found in fact and in law, with full acceptance of the existing building and urban planning situation, also with particular regard to the possible presence of materials containing asbestos, as reported in the Technical Data Sheet attached to each lot and available on the website www.notariato.it, which the Successful Bidder shall have the responsibility to view and for which he/she will have nothing to claim against the Defence Administration. In particular, in the event that any change of use or work does not comply with urban planning regulations, but falls within those that can be remedied pursuant to the law, the purchaser will be able to present the relative applications for building regularization at his/her own expense, relieving the transferring party from any charges, expenses, liabilities or disbursements relating thereto. Participation in the Auction procedure implies unreserved acceptance of the documentation published on the institutional website of the Notaries National Council (www.notariato.it) relating to the relevant Auction Notice. Participation in the Auction procedure implies the unreserved acceptance of the contents of the descriptive technical report and of the consequent assessment. The property can be viewed by the potential buyer on the days and at the times indicated on the institutional websites of the Ministry of Defence (www.difesa.it) and the Notaries National Council (www.notariato.it). If the Bidder does not deem it necessary to carry out the inspection, no responsibility can be attributed to the Ministry of Defence for any discrepancies of the asset with what is reported in the related documents. Furthermore, it should be noted that the photographic material used to accompany the technical descriptive documentation of each individual Lot may not fully correspond to the real state of the property which, therefore, can only be verified by inspection in the manner specified above. Any difference, however, will not constitute an element of variation of the award price. The Purchase Agreement t and – in the case of a property declared of cultural interest – the subsequent deed of recognition of the fulfilment of the suspensive condition, are subject to the legitimacy control of the Court of Auditors, and therefore the same will produce effects after registration with the aforementioned control body. In cases where the Ministry of Defence or the Court of Auditors do not ratify the sale procedure, the Successful Bidder will be entitled to the recovery of all amounts as provided for in par. 5 of the Book of Auctioning Conditions.

Fees and Expenses:

Bearing in mind that the purchase agreement between the Ministry of Defence and the Successful Bidder shall be subscribed by the Notary to whom the bid was submitted, without prejudice to the possibility of appointing a trusted Notary, each bidder shall have the right to request a rough estimate of the fees to be paid for the purchase agreement, pursuant to current legislations and, specifically, to Art. 9 of Legislative Decree no. 1/2012, converted into Law no. 27 of 24 March 2012.
The Notary’s fee for drafting the Auction Report, up to a maximum of € 1,800.00 plus VAT, any fees of the Secondary Notary variable on the basis of the free agreement between the Successful Bidder and the Notary him/herself, as well as the expenses for the implementation and management of the Auction procedure, to the maximum extent of € 340.00 plus VAT for the awarded lot shall be borne completely by the Successful Bidder, as defined in point 9 of the Book of Auctioning Conditions. The aforementioned amounts must be paid to the relevant Notaries within 15 consecutive calendar days from the communication of the award and of the related definitive sales price.

Powers and Reservations of the Ministry of Defence:

The Ministry of Defence shall reserve -at any time during the procedure and up until the subscription of the purchase agreement, for motivated reasons- the power to interrupt and/or terminate the auctioning and awarding procedures and the Bidder or the Successful Bidder shall not be entitled to make any claim against it, notwithstanding the obligation to reimburse the Guarantee and Commitment Deposits, as well as the expenses borne pursuant to the Book of Auctioning Conditions. The Bidder shall not be entitled to make any claim against the Ministry of Defence for lost profits and/or for the costs borne for the submission of the Sealed Bid.
It is noted that the online procedure allows for both the usual submission of a sealed envelope and the submission of a digital or digitalised bid in accordance to the procedures set forth in the current Book of Auctioning Conditions, and that in order to partake in the Auction, the bid’s deposit must be completed upon prior appointment and within the terms set forth in the Notice of Public Auction, before the Auctioneer or one of the Secondary Notaries listed officially on the official website of the Notaries National Council at www.notariato.it and www.avvisinotarili.notariato.it.

Auction’s Execution:

The auction shall be held online between 23 and 26 October 2023 via the Notarial Auction Network of the Notaries National Council. Bids may be submitted until 20 October 2023, 5 PM. It is noted that the online procedure allows for both the usual submission of a sealed envelope and the submission of a digital or digitalised bid in accordance to the procedures set forth in the current Book of Auctioning Conditions, and that in order to partake in the Auction, the bid’s deposit must be completed within the terms set forth in Notice for the relevant Lot, before the Auctioneer or one of the Secondary Notaries.
The times and procedures for visiting the real estate properties are defined on the official website of the Ministry of Defence at www.difesa.it and on the official website of the Notaries National Council at www.notariato.it.
For further information, please get in touch with:

 

  1. Ministry of Defence – General Secretariat of Defence and National Armaments Directorate – Public Works Supervisor:

∙ Public Relations Office, phone 06 36806173 at the following times: from Monday to Friday, from 9 AM to 1:30 PM;∙ Real Estate Disposal General Office, phone 06 36805217 at the following times: from Monday to Thursday, from 9 AM to 12 AM and from 2 PM to 4 PM, Fridays from 9 AM to 11 PM., or, preferably, at the following e-mail address astealloggi@geniodife.difesa.it;

 

  1. Notaries National Council, phone 06 362091 at the following times: from Monday to Friday, from 9 AM to 1:30 PM and from 2:30 PM to 5 PM.