What Are Domicile, Residence, Or Change Of Address

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What is A Home or Domicile?

Home is the place where a person has the main place of his or her interests or business.  The domicile is, for the law, the most important figure in determining and regulating the legal relationship of the person with the territory.

The person who establishes his domicile in a particular place knows that the law presumes that he is domiciled there.  For the effects that the law connects to the identification of the person in the territory, each individual has a single general domicile.

There are people who, for study or work or other reasons, are forced to move frequently and do not have a habitual residence in any municipality. 

These persons are registered in the municipality: where they elect domicile, i.e. where they establish the principal place of their business and interests; or where they are more present; or where their family lives; or where they are more easily able to establish their address.

If a person does not identify any of the places indicated above as their domicile, reference is ultimately made to the municipality of birth.

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 How do you establish your domicile?

Two prerequisites must be met to establish domicile:

  1. a certain stability in a certain place;
  1. the intention to establish in that place the principal and exclusive place of business and interests.

There may be different types of domicile, voluntary domicile, legal domicile, general domicile and special domicile:

Voluntary: it is the ordinary domicile, which results from the will of the individual who establishes it in the manner indicated above;

Legal: is the domicile expressly established by law for certain persons, as in the case of incapacitated persons; of the minor whose domicile is established by law at the residence of the family or guardian; or of the interdict whose domicile is established at the place of domicile of the guardian;

General: is the place where the person establishes in a general way the principal and exclusive seat of his interests and business.  Because of its general nature and the requirements of the law, it is unique;

Special: it is the place where the person establishes the seat of certain businesses or acts; this may happen for an interest of the person or because the law requires it.  In the case of special domicile it is said that the person elects domicile: it is then referred to as elective domicile.  A person may have several special domiciles in view of his business.  Election of domicile must be made in writing to produce the effects required by law.

What is the digital home?

In order to facilitate communication between public administrations and citizens, it is the faculty of each citizen to indicate to the public administration his own certified e-mail address, as his digital home.

What is the residence?  

The dwelling is the place where the individual finds himself in a transitory way, but with a certain duration. This is a factual situation to which the law associates rather limited consequences (for example for the notification of judicial documents if the residence is not found).

From a registry point of view, temporary residence in a municipality does not entitle the issuance of registry certificates or access to demographic services.

In particular, the law provides that certain categories of people (for example: career soldiers or civil servants in temporary detachments, hospitalized in medical institutions etc.) are not subject to personal registration, if their stay does not exceed two years. 

What is the change of address?

The change of address is the transfer made by a citizen or a family from a home (located at a specific address) to another home (located at a different address) in the same city.

The adult citizen or an adult member of the registry family (if the transfer concerns the entire family) must submit a declaration to the competent registry office with which it is required to certify the change in the address within 20 days of transfer to the new home (see Change of home address form).

If the citizen or family moves to a house that already appears to be the residence of another person or another family, the declaration requesting the change of address must also be signed by that person or by an adult member of this family (see hospitality declaration form).

Where the change of address request is made?

Citizens can submit the request with the declaration and the required documentation:

  • By mail with registered letter addressed to: Mayor of the Municipality of residence, at the Directorate of Demographic Services;
  • In person at the competent registry office of the Municipality of residence;
  • Electronically (if in possession of the necessary online accreditation).

HOW TO CHANGE THE ADDRESS

1) An application is submitted to the registry office within 20 days of moving to the new home (see Change of home address form):

  • by going in person and filling in a declaration;
  • sending the declaration to the registry office, or a fax;
  • by e-mail if in digital signature or using the electronic identity card.

2) Non-EU citizens can present the request only in person at the competent registry office of the municipality of residence.

The personal record of the change of address takes place following verification by the competent municipal offices of the actual residence of the applicant and / or the family unit.

3) If the transfer takes place in a house that already appears to be another person’s residence, it is necessary to attach the so-called declaration of hospitality.

4) The change of address is free.

5) The municipality checks the “actual residence” through the municipal police or other staff.

How to announce the change of address?

The change of address announcement is made because you want to let your friends and family know about your move.

There are so many different creative ways to make the change of address announcement such as recording video clips or audio, sending post cards, mailing, making DIY cards, GIFs etc. These are some cool ways to let your close-ones be alert about your new address.