Why are we still talking about compliance?
Because there are still many people who underestimate these aspects and, not knowing them, rely on consultants who do not advise what is really necessary to do for the interests of those who sell and buy a house.
The greatest risk is run by the owner, or rather the seller, and this is because when he finds himself in front of the Notary at the Deed of Sale, he is made to declare, under his own responsibility, that the property he is selling, has double compliance, urban planning and cadastral.
WHAT IS DOUBLE COMPLIANCE?
It is a declaration to PREVENT any illegal activity on the property and allows you to regularize works done without permission or that do not comply with it.
Compliance is a declaration for which the owner assumes responsibility. If you do not want to make a mistake, the best thing is to rely on a technician (Engineer, Architect or Surveyor) to do it for you.
Compliance is divided into two aspects: Urban Planning Compliance and Cadastral Compliance.
IS DOUBLE COMPLIANCE MANDATORY?
Let’s say that today double compliance is an essential condition to be able to regularize the property, in relation to the building violations that fall within the scope of the Building Permit (since 2003) and the Certified Notification of Commencement of Activity (SCIA).
If the seller declares, before the Notary, the conformity while in fact it is not, he would find himself facing several problems:
1° it would be a forgery of a public deed and this entails both civil and criminal consequences
2° he would be sanctioned by the Revenue Agency.
Furthermore, the buyer would find himself having to fix the critical issues and would be subject to financial sanctions for the abuses; obviously, the seller can be sued for financial restitution and repair of the damage but at the same time he would have to pay out of his own pocket and wait for the justice system to take a long time.
If the problem is not resolvable and therefore curable, the deed of sale could be declared null and void.
WHAT IS THE DIFFERENCE BETWEEN CADASTRAL AND URBAN PLANNING?
URBAN PLANNING CONFORMITY concerns the building and certifies how it is identical to the project filed with the Municipality, this is because before being built, a building must have authorization from the Authorities, specifically the Municipality.
In fact, it is the Authority’s duty, after having checked the projects, to allow the construction company to build or make changes to the buildings.
If changes have been made, without the consent of the Municipality, they are considered abuses; a new project must be presented if you want to regularize and pay a penalty.
CADASTRAL CONFORMITY is important for tax purposes in fact it is declared when your property corresponds to the design that is present in the Land Registry, i.e. the office of the Revenue Agency.
This correspondence is made via the Cadastral Plan (the “map” of the property) and must be updated every time a change is made to the property.
It often happens that you find properties where they do not correspond.
IN FACT YOU COULD HAVE AN UPDATED FLOOR PLAN (FOR THE LAND REGISTER), BUT HAVE AN WRONG URBAN PLANNING PROJECT COMPARED TO THE STATUS AS IT IS.
The best thing is to contact a trusted technician who will immediately check the situation to intervene or find out what needs to be done to fix things.
As a Consultant and Real Estate Agent, I always recommend checking the situation of the property immediately, as knowing the current state also allows you to know what type of negotiation can be done to the advantage of both parties.
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