Before the act of sale (deed) of a property you need to check the correspondence of the cadastral plan with the state of affairs, under penalty of nullity of the act. This innovation was introduced from 1 July 2010 with important consequences for those who need to sell a house. Many buildings, especially condominiums, have been modified over the years without requiring their authorization or without providing the updating of the cadastral plan following the interventions of changing the internal layout (moving partitions, creating new rooms and / or bathrooms). In these cases, the solution is to proceed with the regularization of the state urban development (shared) and cadastral (land office, Land). In the case of small differences (as described by Circ. 02/2010 of the 'AoE) can prevent the change.
Accordance with the state of fact and declaration of a technical
Before a deed of a property, but also in case of donation and divisions, the notary is obliged to check whether the state of affairs is in accordance with the land registers. The verification concerns mainly the holders, place names and the floor plan. Compliance must be specifically stated within the act by the seller and the cadastral plan must be attached to the deed. The consequences for a false statement are important and also involve the nullity of the act. The legislation allows the use of the assistance of a qualified technician who can draw up a certificate of conformity, which declared the correspondence between de facto and cadastral data, so the responsibility of the statement is supported by technical and not by the seller or by the notary .
And 'advisable to check compliance since cadastral compromise to avoid delays for updates due to possible non-compliance.
Deed, cadastral and administrative situation
On the verification of the first sale of a property, either by the seller that the buyer besides the mortgage situation must be assessed the state planning and land:
1) Urban and administrative staff: each building has a "legitimacy urban" expressed by a building permit, building permit or building permit. It 'important that the state of affairs meets the latest authorization submitted and registered by the municipality, in the opposite case, interventions were made "illegally" that do not conform to the laws that govern the intervention (TU DPR 380/01).
For example, the typical renovation of an apartment that would change the interior rooms and / or the addition of bathrooms to be authorized by a CIL, before 2010 there was no need of prior DIA and other instruments.
Who had done these interventions without permission, now sells a housing unit "non-conforming" and it is not always easy to get an amnesty.
Unfortunately, in this situation there are also owners who have not carried out interventions without permission but have inherited the state of affairs from the old deed.
2) Cadastral: It 'possible that from the perspective of urban-administrative property is regular but that the state of affairs is not coincident with the cadastral plan. The solution of this problem is usually easy and involves only a "variation" at the land registry offices. The change cadastral can be justified as "exact graphic", "different internal distribution" or other "causal".
It 'important to know that the cadastral design "is not evidence," that is what is represented in the plan is not a license and does not represent a legitimacy, while the administrative document of the town (License, concession, permission to build, DIA, Chile , etc.) is deposited and recorded what has been registered and licensed. To this must be verified before the regular town planning, administrative and then the cadastral.
How to regularize the status of that?
1) If you have made regular interventions in the past but without changing the cadastral plan the operation to affettuare is to entrust a qualified technician with the "change register" to be delivered with the procedure DOCFA the provincial office of the agency territory (land registry). In a few days the documentation is ready for the deed.
2) If you have made interventions communicate without the authorization or deposit to the municipality or have inherited a discrepancy from the old owner, the situation is more complicated and the solution depends on several factors. In particular you need to know when they were made and what the work consisted researching the old certificates of permission (license, permit, etc.).
With small differences can avoid variation cadastral
However, in the case where the differences are minor and, in particular, has not changed the number of rooms land, in the circular 2/2010 is shown that it is possible to avoid the update of the cadastral plan. In this case, we recommend calling a service technician to the declaration of conformity for cadastral rise from liability on the interpretation of "minor."
The circular allows the 'holder of claim conformity even in the case of minor internal changes that do not involve a change in the cadastral income. E 'possible to avoid variation in cadastral case of movement of a door, a partition or other small differences that while varying the surface of the compartments do not vary the number.
While in the case where the discrepancy between the cadastral plan and the state of affairs is related to the creation or shifting of bathrooms and kitchens (even without moving partitions), implementation of a utility room, loft, or other discrepancies can not be considered "minor" is necessary to ensure the cadastral variation.
For those who buy want to insist and obtain the modification of the plan considering that it is his right to buy the property perfectly suited to zoning regulations and land.
Secure shopping: check of urban
The DL 78/10 obliges the seller to declare conformity cadastral mainly to avoid the presence of "ghost houses" hidden from the IRS. The rule, however, does not protect completely the buyer because the notary can not directly verify compliance but can only assign a technician to carry out all the controls. In addition, the register does not affect the compliance verification urban property.
To buy a property in complete safety it is necessary to check the status register but mainly because it is the state urban latter 'that represents the legitimacy with which it was constructed the building. Analyzing the state of urban occurs the absence of unauthorized building.
In an apartment just a bathroom designed in a different position on the legitimacy (Grant, License, Building permit, Dia, etc.) results in a "building permit violations." The new buyer will inherit the habit.
Normative references related to the issue of regularization of the property before the deed are:
- The Law Decree 31/05/2010 n ° 78 art. 19 introduces the obligation, otherwise invalidity of the Act for public acts and private contracts relating to the transfer of real rights such as the buying and selling of existing buildings a declaration of conformity of the status quo with cadastral data and plans.
The above-mentioned Decree amending Article 29 of the Law of 27 February 1985, no. 52 by adding paragraph 1-bis
- The circular of the Territory 2/2010, which specifies what are the changes that have no relevance cadastral and do not involve the modification of the cadastral plan.
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