In recent years, due to this impossibility to rent long term, purchasing a berth has become the most reliable way to be guaranteed a berth in a South of France marina. “Buying a berth” - though it is simpler to say - is not in fact the accurate term. You cannot buy a berth on the coast as it always belongs to France and its Domaine Public Maritime (DPM). What you can acquire is the Right to Use a berth for a limited period of time, until the end of the marina’s concession. That “Right to Use” (“amodiation” in French) is usually granted to physical or moral entities as one of the advantages of the being the holder of specific shares in the marinas, with the approval of the conceding authority, i.e. France, originally represented by prefects and now embodied by town mayors and regional councils. Such officials can deny shareholders their right to use a berth, but as per marina rules they can only do so in the common interest (which can be relatively vague).
In most marina general rules, you will find a definition of the “Amodiataire” as:
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A legal or moral entity who has the right to use a berth, him/herself
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The berth cannot be rented out nor lent by the Amodiataire
In the Amodiataire’s temporary absence from the berth, the marina, and only the marina, has the right to rent out the berth and generate rental income (minus a commission) provided, the Amodiataire has informed the marina of the planned absence and paid all the service charges to date. In essence, an Amodiataire can only have rental income only if he/she is not temporarily using the berth with his/her boat.
You may notice one important notion remains relatively vague: “temporary absence”. In practice, people have been renting out the berths like landlords rent out flats or parking spaces, except in this case, it is to park a boat. Some “berth owners” have not owned a boat in years and keep receiving rental income for their berths. It seems “temporary” can be quite a few years in French administration.
“Amodiation” recently had its definition re-interpreted, by CUNCA, the authority governing the private marinas around Nice (From East to West: Menton Garavan, Cap d’Ail, Beaulieu-sur-Mer, St-Jean-Cap-Ferrat and St-Laurent-du-Var).
As of 2009 – 2010, CUNCA will only consider as Amodiataires the marina shareholders who own a boat and use their berth to keep that boat. In other terms, from now on, if you own shares in a marina and you pay your annual service charges but you do not own a boat, you lose your right to the berth and the right to any rental income.
This is bound to cause concern among shareholders in the CUNCA marinas when this decision starts being applied. This new enforcement of marina rules may also spread to other marinas in the South of France. In the long run this may damage the relation between “berth owners” and boat owners and deter some of them from basing their cruising in the country:
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Rules being reinterpreted after more than 30 years
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Re-sale prices that have soared particularly over the last decade
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Leases becoming increasingly short and still no indication of how the French authorities will deal with ex-berth owners once the marina concessions reach an end.
The implications of the shortening leases, coupled with the “hangover” from the recession has led to Owners increasingly looking elsewhere for their berthing solutions.
Owners are increasingly cost conscious since the recession took hold and have started to look for more competitively priced berths for purchase and rent. As the majority of Owners do not set foot on their yacht for most of the year, they are now less inclined to pay a premium to keep their yacht in the most sought after destinations all year round. It may not be ideal for the Captain and crew but ultimately it now comes down to price, service & convenient transport links.
Three or four years ago, there were relatively few large berths along the Ligurian coastline but this is starting to change and is already having an impact on prices. With new marinas opening in La Spezia, Genoa, Varazze and Imperia all offering 40 year plus leases, 21st century marina facilities, concierge services, renowned shipyards close by as well as yacht maintenance – there is now a real competition for marinas to offer a first class service to the Berth Holders and yachting industry in general.
The concessions granted in Italy are generally for a term of 50 to 99 years and there are different types of concessions. There is the traditional “Right to Use” which is similar to the French “amodiation”, whereby the Berth Holder is entitled to the exclusive use of his berth for the duration of the lease.
In some marinas the “right to use” only relates to the berth and not the accessories, such as garages or cave bateaux depending on the wording of the “concessione”
In other marinas, such as Marina Genova Aeroporto it is possible to purchase a “Surface Right”. This is similar to a Title Deed and means that your contract and hence your Rights as a berth holder, are registered at the Land Registry. In terms of obtaining finance for your berth, this is an important point because it effectively means you “own” the berth, rather than a Right to Use whereby you are merely a tenant for a period of time.
Banks in general will not consider finance on Right to Use berths for this very reason without security of other assets. Therefore the Surface Right offers a distinct advantage in relation to obtaining finance either as a rental investment or for the Owner’s use.
Depending on the reasons for purchasing a berth in Italy, it is worth bearing in mind the complex taxation issues and you should always contact a local accountant, experienced in Italian marine issues. Marina Management, are the Berth Control experts in Monaco who can help assist and simplify the fiscal, legal and management issues of berth ownership in Italy. Their experience and local contacts can help ensure a smooth and transparent service for managing your berth.If you would like to contact the Berth Control experts in Monaco, their contact details are:
Marina Management Sarl
Tel: + 377 99 99 45 27
Email: jd@marina.im
www.marina.im
