Solutions for Property Abuses. Certificates for Safe Transactions, and Regularization ProcessĀ 

Assistance in Property Transactions Legal and Cadastral Compliance

Introduction

It is the responsibility of the real estate agency or the seller to provide the potential buyer with all the necessary documentation regarding the legality and cadastral status of the property involved in the transaction. The documents required to verify legal compliance include:

– The deed of origin of the property;

– The last approved project;

– Habitability or occupancy certificate;

– Any regularization concessions;

– Cadastral floor plan;

– Verification of any mortgages on the property.

Certification of Construction Regularity

We offer buyer assistance services aimed at verifying the construction regularity, the cadastral floor plan, the last approved project, and the presence of any building and/or landscape abuses. Our team also handles access to documents at the municipality and the land registry (with the delegation provided by clients).

Property File

We provide an exclusive service for each real estate transaction: the preparation of a file containing information about:

– The property type;

– Urban and landscape context;

– Construction features related to the last approved project;

– Possibility of any volumetric expansion;

– Cadastral and building verifications (highlighting any necessary regularization activities) through document checks at the municipality where the property is located and relevant offices (e.g., Land Registry, etc.).

The property file aims to assist both the seller and the buyer by ensuring the completeness of the documentation and making the sales process as smooth as possible.

Here are the certifications and documents needed to sell a house:

  1. Certification of compliance of the installations.
  2. The Certificate of Habitability.
  3. The Energy Performance Certificate (APE)
  4. Building permit.
  5. Urban planning certification.
  6. Deed of sale of the property or notarial deed.
  7. Condominium regulations.

Certification of compliance of the installations

These documents allow the owner to demonstrate the compliance of the installations that enable the use of essential services.

For example, the installations for the distribution of electricity, gas, water, hot and cold air.

The certificate of compliance for an installation is issued by the technician or the company responsible for the installation or revision of the system, confirming that the work complies with the main safety and efficiency standards. Mandatory certification of the installations is issued after the work by the technicians, and it is your specific right to receive them.

The Certificate of Habitability

Introduction

The Certificate of Habitability is a crucial element in the Italian real estate landscape. It ensures that a building complies with regulations regarding safety, hygiene, health, and energy efficiency. Without this certificate, a building cannot be legally used for residential or commercial purposes, and public services may be denied. Specific regulations may vary from one region to another, so it is always advisable to consult a local expert or municipal authority for accurate and up-to-date information.

What is the Certificate of Habitability?

The Certificate of Habitability is a document issued by the municipal authority certifying a building’s compliance with legal standards regarding safety, hygiene, health, and energy efficiency.

When is the Certificate of Habitability required?

This Certificate is necessary for the legal use of a building for residential or commercial purposes. It is also required for the activation of public services such as electricity and gas.

Who issues the Certificate of Habitability?

The Certificate is issued by the municipal authority after an inspection to verify the building’s compliance with construction permits and building regulations.

What happens if a building lacks a Certificate of Habitability?

If a building lacks this document, it may be subject to sanctions and cannot be legally sold or rented. Additionally, public services may be denied.

Are the regulations for the Certificate of Habitability the same throughout Italy?

While the laws are the same throughout Italy, municipal regulations vary from one municipality to another. Therefore, it is always advisable to consult a local expert or authority for precise and up-to-date information.

The Energy Performance Certificate (APE)

Introduction

The Energy Performance Certificate (APE) is a certification that must be provided whenever engaging in a real estate transaction, such as buying, donating, or leasing a property, whether the transaction occurs between private individuals or involves an agency for leasing entire buildings or individual units. The APE (Energy Performance Certificate) is legally mandatory for both new construction and renovation projects that affect more than 25% of the property’s surface area. This certificate allows the calculation of a building’s energy class on a scale ranging from A4 (the highest score representing the best energy efficiency) to G (the minimum score) and must be issued by an accredited entity after evaluating the property’s characteristics.

This document, often underestimated, is crucial for those who are looking to buy or rent a house, as it can provide valuable information for the proper evaluation of a purchase, provided it has been drafted consciously and accurately. Moreover, the costs of managing a house will also depend on this certificate. The APE (Energy Performance Certificate) is essential for estimating the energy performance of an individual property, evaluating both the efficiency of the building envelope in limiting heat exchange with the external environment and the efficiency of heating and air conditioning systems.

The professional will assess walls, windows, or any surface that acts as a boundary between the internal and external environment, such as ceilings in the case of penthouses or the ground in the case of ground floor properties. From these assessments, it becomes possible to determine whether there is heat loss to the outside or cooling in the summer, enabling the implementation of necessary measures for adjustment and improvement, along with associated costs.

Building permit. What is urban compliance?

Introduction

The urban compliance certificate attests to the correspondence between the actual state and the building permit with which the Municipality authorized the construction and/or subsequent renovations and extensions of the property.

Therefore, it allows checking whether a property has discrepancies or building violations.

The property may have been built or modified over time in a non-compliant manner, different from the project submitted to the relevant Comune.

To determine if your home is compliant from an urban perspective, you need to obtain from the Municipality all the permits obtained over time, from construction to the moment of your verification, and refer to the latest permit.

This direct comparison between what is stated in the documentation and the actual state of the property will demonstrate the urban regularity (also known as building regularity) of the house.

If the property is compliant with the building permit issued by the Comune, it can be sold confidently.

If, on the contrary, the property does not comply with the building permit issued by the Municipality, before reaching the notarial deed, you will need to regularize the violation and submit a building application.

Urban Destination Certificate: What is it and how to request it?

The Urban Destination Certificate (CDU) is a document that contains urbanistic indications concerning the land or building affected by the certificate, intended for purchase. It is an important document during the sale of buildings and land, as it indicates the zoning (buildable, agricultural, artisanal, industrial, residential, or other) in which they fall and describes the building possibilities for those properties. This certificate is a guarantee for the buyer, ensuring certainty about the possibilities of intervention on the property and its real market value, and it should also prevent improper behavior or misuse for purposes not foreseen.

The failure to attach the urban planning certificate results in the nullity of the land purchase deed, except for areas transferred with related buildings (courtyards, gardens, orchards), provided that their surface does not exceed 5,000 square meters.

The issuing authority for this document is the Municipality to which the property belongs. Obtaining it is simple and relatively inexpensive, and it is mandatory to submit it, along with the deed of sale, even in the case of private contracts. Let’s explore what the Urban Destination Certificate is for and how to request it.

What is the purpose of the Urban Destination Certificate?

As mentioned, it serves to prevent abuses on non-buildable land or land with a specific designation. Let’s start by defining what the destination of a property is: it is the type of use of a building legally established by the relevant Municipality. This can be residential, agricultural, industrial, rural, or commercial. Additionally, the Urban Destination Certificate also specifies constraints related to that area of the Comune, such as landscape, archaeological, and hydrogeological constraints, which limit the works and constructions that can be carried out on the respective lands.

Certificate of origin of the property

The deed of origin of a property is a crucial legal document that confirms the legitimacy of an individual’s property rights. This document outlines and verifies the circumstances under which ownership was acquired, typically through purchase, donation, or inheritance via a succession declaration.

The presence of this document is paramount as it verifies the transparency and validity of the property rights associated with the real estate in question. It serves as an essential legal foundation for any future real estate transactions, providing a solid basis for property transfer agreements and ensuring the protection of the rights of all parties involved.

The deed of sale for a house is a legal document that certifies the sale of a property from the seller to the buyer. This document confirms the transfer of ownership of the property and includes information such as the sale price, a detailed description of the property, the date of purchase, and other specific conditions of the sales agreement.

The deed of sale is drafted by a notary and is signed by both parties involved in the transaction, namely the seller and the buyer. Additionally, the deed of sale is recorded at the relevant land registry office to ensure that the transfer of property is valid and legally recognized.

The deed of sale is a crucial document and serves as legal proof of the property’s ownership transfer. Once the deed of sale is signed and recorded, the buyer becomes the new owner of the property and can enjoy all the rights and responsibilities associated with it.

Declaration of succession

In the case of a deceased property owner, a succession declaration is a document drafted to transfer property ownership to the heirs. If one intends to sell an inherited property, it is necessary to submit the succession declaration to prove legitimate heirship and gain the right to dispose of the asset. 

The succession declaration must be submitted to the Revenue Agency within one year of the date of death. Submitting the declaration after the one-year period subjects the taxpayer to a monetary penalty, calculated based on the duration of the delay and the taxable base of the inheritance tax owed. 

Moreover, the delay in submitting the succession declaration also leads to the suspension of the possibility to benefit from the tax advantages provided for successions, such as exemption or reduction of inheritance tax for the primary residence. Finally, the delay in submitting the succession declaration may also result in the non-attribution of property rights to the inherited property, leading to difficulties in selling the property.

The condominium regulations

The condominium regulations are typically a document containing regulatory norms regarding common property, the use of communal areas, the appearance of the building, and the distribution of expenses. In exceptional cases, it may also include limitations on the use of private property, which only hold validity if approved by the majority of condo owners, thus becoming voluntary self-imposed restrictions rather than external impositions. Consequently, the condominium regulations establish limits and obligations for the use of individual apartments only when endorsed by the resident community.

In the absence of such regulations, relationships, and conflicts among condo owners are governed by civil law and existing regulations. Does the validity of condominium regulations extend to future homebuyers? Usually, the condominium regulations are recorded in real estate registers, enabling potential buyers to review them before signing the preliminary contract.

This process grants the regulations a conventional character, binding future apartment owners who declare in the contract to be aware of its contents and to accept them.