Each property is legitimized and made to comply with building regulations with a plan submitted to the municipality. Knowing the conformity housing and urban planning is useful when moving or turning on a mortgage. The responsibility for compliance in the case of the notary deed but not the seller, to protect it is possible to entrust the drafting of a declaration to a qualified technician.
Each property to be achieved, must be authorized by a procedure called habilitation of the municipal administration. The relevant legislation is the TEU (Consolidated Housing DPR 380/01).
The correspondence between the draft submitted to the municipality by a qualified engineer and the state of affairs demonstrates the regularity planning (also called regularity construction).
The title habilitation which may be allowed a building have varied over the years:
- Building Permit from 1942 with the Law 1150
- Building Permit costly: in 1977 with the Law 10
- Building Permit: Since 2003 with the Treaty of Presidential Decree 380/01
The building amnesties combine to make a property set from the point of view of urban-building when it is issued by the municipality in the Granting amnesty. The amnesties have been three: in 1985, 1994, 2003.
How to check compliance
To check whether a property (apartment, villa, shop or any other structure) is equipped with compliance planning is necessary to compare the state of affairs with the project deposited in the municipal archives.
The building may have been modified or created in a manner different to the project submitted to the municipality. In this case, you can not release the compliance planning.
When is it needed?
- For sale: it is advisable to check the regularity of purchase prior to bidding because if the property has the defects can be sold and the buyer will become liable.
- In case of construction operations as for a renovation.
- To apply for a mortgage.
Main causes of non-regularity
There are different types of discrepancies that do not allow the release of conformity:
- Building abusive: when there is no qualifying title. (The building has been made without any administrative measure). In this case a new building amnesty or a Building Permit in amnesty may remedy the situation. The property in some cases you can still sell and the new owner will become responsible for the abuse.
- Small internal changes: in this case it is possible to remedy the situation with a CIL for work already carried out (whether the works were made after May 26, 2010) or a DIA amnesty.
Example: moving some rooms, demolition of partitions, union of the living room and kitchen.
- External modifications and increase in volume: it is possible to remedy a DIA or Building Permit in amnesty
Example: Closing the balcony with a veranda, opening a window or door, change of use, merger or division of property units.
In practice, the differences are many and each case deserves an evaluation and a specific resolution. Not all differences can heal, so you have to be very careful before you purchase one.
Difference between regular planning and zoning
Often the cadastral regularity and the building are confused.
Cadastral regularity: the correspondence between the state of affairs and cadastral data. The Land Registry (Land Agency) is a government office that has a function purely fiscal. It is not "evidence" and does not prove anything with respect to the construction of the building regularity. Paradoxically, there may be abusive but still stacked.
Regularity Urbanism: the correspondence between the state of affairs and the qualifying title with which the municipality (the body responsible for building) has authorized the construction of the building. This is the regular "most important" that must be verified in the notarial or before interventions "restructuring."
What makes it possible to verify the presence or absence of a building permit violations is never the land but only the qualifying title to the municipality.
Deed and compliance planning
The deed for the sale of a property must have the cadastral compliance (mandatory since July 2010), while for compliance planning obligations are more complex:
- In the act must be declared with a qualifying title which was produced by mentioning the building license, concession or permission to build.
- However, if the property was built prior to September 1, 1967, you can omit the mention of the title. This simplification is allowed for those very historic buildings whose projects may be difficult to find in the municipal archives.
- In case of significant changes of the property (falling under the so-called "heavy restructuring" Article 23, paragraph 3 of Presidential Decree 380/01) shall be mentioned in the title deed authorization with which they were allowed. For example, in the case of work which led to the demolition and reconstruction, increase in volume or shape, increased unit.
- In case of unauthorized actions healed in the past with a building amnesty should be mentioned in the deed in the granting amnesty.
- In case of minor modifications of the property will not necessarily mentioned (although it is desirable to do so) in the deed as an authorization or communication (DIA, CIL, etc.) has been used to do the work.
But be careful, it is possible to regularly transfer a property that does not have full compliance planning. In fact, if the property (built regularly) has undergone throughout its history with the minor unauthorized configuration change (leading to the loss of compliance planning), the marketability of the property is guaranteed.
September 1, 1967
If the property was built before 01/09/67 you can avoid the mention of the qualification with an appropriate declaration in lieu of affidavit. The responsibility of this important declaration recorded in the deed is the owner.
This simplification (introduced by Law 47/85), allows the marketability of a property built before 09/01/67 but did not demonstrate compliance planning.
The compliance planning is given only by comparing the qualifying title with which the property was authorized by the state of affairs.
Who is responsible for monitoring potential abuses?
It 'important that the buyer have checks made by a qualified technician of their choice regularity planning because unlike what you might think the notary has no responsibility on the control of the absence of abuse.
A recent ruling of the Supreme Court (No. 11628 of 26 March 2012) provided that, compliance planning is declared by the seller and the notary has no obligation to verify that this statement is true.
Although the agency has no obligation nor responsibility on the actual absence of abuse so the best way to protect themselves is to appoint a qualified technician who, contrary to other entities has a criminal liability when making a false statement and difficult to declare.
Consequences for abuse and irregularities building
The formula contained in the Title Deeds is "the property is purchased in the state of fact and law on which it is located," so the buyer after the deed also inherit any abuses or irregularities building. But who buys a property with the vices of compliance planning that can have consequences?
In the event of unauthorized building, in addition to a criminal complaint, it will be necessary for demolition and restoration of places and in some cases the entity may acquire the right to the free part of the assets of the common good.
The most frequent cases of unauthorized interventions involving abuse are a loft unauthorized opening or moving a window, put a veranda on the terrace, the splitting of multiple drives, editing a balcony. It is not always possible to heal and sometimes it is necessary to report the state of affairs as the last project authorized by the municipality.
Less serious irregularities
Other types of irregularities, less serious, involving only the administrative penalties and can be solved with a Dia Cure or in a CILA. They are usually due to the change of the internal distribution: Moving the kitchen, demolition and reconstruction of partitions, the merger of rooms.
The regularization can be simple but you must always check whether the interventions respond to municipal regulations (sanitary and building). For example, if a wall was demolished to enlarge the stay must verify that the surface of the new environment is greater than 1/8 of the surface of the windows. This is a typical case in which even a small intervention is not possible to regularize and to have the complete regularity planning must rebuild the wall.
Summary and recommendations
In conclusion, if the property has never been authorized by a qualifying title can not be sold (the responsibility of the control is not the notary but seller), in the case of minor abuse that the property can be sold and the new owner will inherit the responsibility of the abuse (with possible criminal penalties and threat of demolition). There are also small differences that involve only administrative sanctions but may decrease the value of the house because they make it difficult to access loans or future sales and may not always be regularized.
The costs for the regularization, penalties and criminal liability are in most cases it seems the buyer and not the seller. The advice is to always buy a property set or regularized and to check the regularity planning from your trusted technician with a statement that is subjected to a criminal liability.
Amnesty and amnesty
Regularize a discrepancy is not always possible. In some cases, you can proceed with a Dia in amnesty or Permission to build on amnesty (Art. 36 TEU Presidential Decree 380/01).
The amnesty is different from the amnesty because in the first case the work could be implemented but was not declared anything in common, while requesting a pardon if the work could not implement because contrary to building regulations.
Currently it is not possible to apply for a building amnesty, that unlike the amnesty (Art. 36) is an exceptional measure, the last were in 1985, 1994, 2003.
Legality of the pre-existence
Another formula is called the regularity with which urban planning is "the legality of the pre-existence." For pre-existence means the state of affairs in which the property is located, for legitimacy refers to the compliance of the project with local building codes at the time of realization.
Report Regularity Construction RRE or RTN
The local or professional groups have developed some models that allow to declare the regular planning by a qualified technician. Here are some:
- Report Regularity Construction (RRE)
- Technical Report of Notaries (RTN)
- Technical Report and Purchase
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