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Yes, it is true. The boat can be equated with a second home, complete with legal references.
After our article where we equated the boat with a second home, with the possibility of reaching it even outside one’s municipality, the web became inflamed.
We received more than 800 comments and hundreds of emails, many agreeing with us. Some against, some-so many-asked us for more clarity and whether the equalization was the result of our interpretation or whether it found its basis in case law.
Even, one of our followers had our article read to law enforcement in a municipality in the province of Como, where he keeps his boat and which he cannot reach because he lives 200 meters away, but in a different municipality. They told him he could not do it.
That being said, let us explain why the boat, in fact, is equated with a second home. And so you can reach it even outside your municipality. We asked for a legal opinion, which we believe can be exhibited, to explain to those who do not know, that “boat = second home.”
Here is the opinion of attorney Stefano Comisi, of the prestigious firm Armella & Associates, who has dealt with boating-related issues very often. Be careful, read it well, especially to understand what documents you may need to bring with you.
“A brief premise of method: theoretically, the Civil Code does not prevent one from taking up residence at the address of the berth where one’s boat is located. But beware, it is not such a remote possibility to be assigned “homeless” status by a zealous city official.
One of the necessary requirements of the residence election is, in fact, the ability to ensure the public administration can be found for all the fulfillments required by the “nature” of being a citizen of the state (e.g., the address to be given in the registry office where to receive the voter’s card). Such fulfillments cannot be guaranteed by a so to speak “mobile” residence such as a boat. For this reason, in addition to indicating residence at the wharf or dock, it may be convenient for those making this choice to elect an additional alternate domicile.
It should also be pointed out that the indication of residence at the berth cannot and should not be used for the purpose of achieving phantom tax benefits.
That said, is it possible to equate a boat with a second home and thus take advantage of the opening in that sense of the latest DPCM? The legal construction of such a concept does not seem so peregrine. First of all, the aforementioned need to make oneself discoverable is dispensed with, as it is not necessary to change one’s residence; at most, it might be convenient to have a precautionary and temporary election of domicile (the boat, precisely) alternative to one’s principal residence, perhaps accompanied by a lease or the mere mooring contract. Sort of like when one elects domicile at a second home in the event of a temporary but prolonged business relocation to a city other than one’s city of residence.
And moreover, arguing according to precedent, the Supreme Court, i.e., the national jurisprudence of last resort, has equated theft of property stored in vessels with theft committed in a dwelling (most recently Criminal Cassation, Section IV, May 20, 2020, No. 15524).
To make such an argument certainly requires courage and possibly being prepared to defend one’s arguments (again, for example, why can I reach the house in the mountains, but not my boat?). Your newspaper deserves credit for raising the issue“.
For further information or clarification, you can email the lawyer directly at co****@***********la.com
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