Before you sell and buy an apartment from the technical point of view, the main documents must be checked are:
- Title qualifying with which it was made the building (Building permit, license or construction permit)
- Permits obtained for internal changes that resulted in a change in the distribution of environments (DIA, CILA, SCIA)
- Cadastral data, including the cadastral plan
The most important criterion is to make the correspondence between the state of affairs of the apartment and the building license (regular urban), and between the state of affairs of the apartment and cadastral data (regularity cadastral).
This analysis is very important because in the case of irregularities, the situation would be inherited by the new buyer. They are often the notary, agency or the bank providing the loan that warn the seller of these issues and stop the process before the deed.
Most common cases of irregularities
Not all irregularities may be corrected, for it is necessary that the interventions made to conform to the municipal building regulations, the plan and the health and hygiene standards.
Aside from the routine maintenance without changing the internal distribution here is a series of interventions that are often made in the apartments today.
Adding a bathroom
The need for an additional bathroom is often solved by dividing the existing one in two children. In this case the regularization is usually smooth.
Different is the case of bathrooms made within an existing room. Tthe surface of the room would decrease until it reaches the minimum required by the rules (14sqm for a double room, a single room 9mq according to national law).
Moving the kitchen in living room
In traditional building, since the war until a few years ago, the kitchen was located in a single compartment. Today, with the need for smaller apartments, the kitchen is often placed in your living room. This shift even without demolition of partitions must be reported in the cadastral plan changed
Extension of stay as open-space
The living room is often expanded by incorporating the corridor or hall, two rooms for the contemporary requirements are less and less used. Often to get this new configuration with the demolition of a single partition.
The cure could be complicated in the case in which the environment obtained is too large and are not well respected sanitation standards that provide the minimum ratio of 1:8 between windowed surface and surface environment.
Division of a bedroom in two bedrooms
The division of a double room in two individual is often done by building a partition and dividing in two the window. Even in this case, the compliance with the regulations could lead to problems in the application of rectification: the rooms must have minimum 9mq surface with a aeroilluminazione of 1/8 between the window surface and the surface of the compartment.
Veranda on the terrace
The construction of a veranda on the terrace irregularity is usually difficult to heal. Compared to the previous cases leads to an increase in volume and can not be remedied with a CILA or a DIA but usually there is no need of the Building Permit or Dia consuming amnesty. In this case, the liability of abuse is greater, may also lead to a criminal complaint and the demolition of the building.
Closing the balcony
Similar to the construction of the veranda is the closure of a balcony that behaves the same way an increase in volume. Despite the Italian building is full of these cases often the only solution was to require the building amnesty, an instrument that is no longer active.
Construction of a loft
You often have to heal lofts made without permission. The principal issues could arise from non-compliance with minimum heights which are usually of 240 cm or 270 cm. Furthermore, in some cases, the mezzanine could result in increased surface area and apply for a building permit for the amnesty.
Advantages of doing internal work regularly
Despite seek authorization for the internal work in the apartments is mandatory since 1985 (Law 47/1985), still many people realize the project without communication to the municipality. The responsibility of the buyer involve costly fines and in some cases criminal penalties.
The irregularity will be remedied in most cases before selling the property when there is an obligation to declare in the deed cadastral compliance. Righting an apartment, it is more expensive to apply for a permit before starting work. Today with the CILA (communication start work sworn) allows you to work regularly with a few hundred euro (In Rome, for example, will pay 256 euro).
Tools to heal an apartment irregular
Before you know if it is possible to remedy the irregularities must read the building regulations of the municipality where the property is situated. The most used tools for the regularization are in the Dia Cure and CILA in amnesty.
To complete the regularization and have all the documentation ready for the deed after the amnesty and urban construction, the technician will prepare the cadastral variation with the procedure DOCFA to even get the cadastral regularity.
Difference between legalization and amnesty
There is a substantial difference between pardon and amnesty: The first is a special law, which eliminates some unauthorized building, instead of the amnesty is a law in force detected by the Consolidated Housing (Art. 36 and 37). In Italy there have been building amnesties in 1985, 1994 and 2003.
To request an amnesty is essential that the actions taken are in compliance with building regulations (local and national). The compliance should be "double" ie valid at the moment in which they were made the work and the time in which they are reported.
An amnesty solves interventions abusive and non-compliant, while the amnesty solves act upon but were not allowed.
In many cases possible to remedy an irregularity with the amnesty and not with the amnesty. The procedure to be used is also called "conformity assessment".
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