Title of ownership and origin of the property
The verification of the title of ownership is the first essential control in each sale of sale. It is necessary to ascertain that the person who intends to sell the property is the legitimate owner and that he has full legal availability of the property. This assessment takes place through the analysis of the act of origin, a document that reconstructs the way in which the current holder came into possession of the property: purchase and sale, inheritance, donation, division or other.
In addition to confirming ownership, the act of origin can highlight relevant elements for the buyer, such as the possible presence of constraints, easements, civic uses, residence rights or usufruct, which could affect the effective availability of the property. In case of subsequent origin, for example, it is important to verify that all the heirs have formally accepted the inheritance and are legitimately able to sell.
Another aspect to consider is the continuity of the transcriptions in the real estate registers, which the notary in charge will ascertain during the deed. However, it is prudential practice to anticipate this verification already in the preliminary phase, to avoid critical issues that could slow down or invalidate the operation.
View and cadastral planimetry: consistency between factual state and recordings
Consultation of the view and cadastral plan allows you to verify that the property is correctly recorded at the land registry and that the information present is consistent with the physical and legal reality of the property. This is a check that, although not directly affecting the validity of the deed of sale, is decisive to prevent disputes or subsequent updating requests.
The cadastral view provides the identification data of the property (section, sheet, particle, subordinate), the cadastral category, the taxable income and the current header. A discrepancy between cadastral header and real ownership does not preclude the sale, but it can be an indication of previous irregularities or formal omissions that it is appropriate to clarify.
The planimetry, on the other hand, must correspond to the factual state of the real estate unit. Differences between the internal distribution reported in the plan and that that can actually be found in the premises may involve the need to present a cadastral variation (DOCFA) by a qualified technician, and in some cases they may reflect unmealled building differentity.
Building and urban planning compliance
The verification of building and urban planning compliance is one of the most delicate investigations during the sale, as it concerns the legitimacy of the property with respect to the urban planning tools and the qualifications issued over time. The property must be built and modified on the basis of regularly issued permits and in line with the legislation in force at the time of the interventions.
The urban compliance certifies that the property was built according to a project regularly approved by the Municipality. The building compliance, however, concerns the correspondence between the existing property and what is authorized by the various building securities (license, concession, building permit, Cila, SCIA). Both are fundamental to guarantee the marketability of the good.
The verification consists in comparing the fact of the property with the documentation filed at the municipal technical office: planimetries, graphic drawings, building practices. It is a good practice to request access to documents to recover historical documentation and identify any discrepancy. Small irregularities (e.g. movement of unauthorized internal partitions) can sometimes be remedied, but in the presence of non -condonable building abuses, the property may not be sellable or request complex interventions before stipulation.
In addition, the concept of “legitimate state” of the property, introduced by the simplifications decree (art. 9-bis of Presidential Decree 380/2001), assumes a central role: it is the necessary condition to certify the building regularity, also in view of future works or practices. Ascertaining its existence during the negotiation phase represents a guarantee element both for the seller and for the buyer.
Plant certifications and the State of the plants
The compliance of the plants-electrical, water-sanitary, gas, heating-is an aspect often overlooked in the preliminary phase of a sale, but can significantly affect the safety and functionality of the property. The reference legislation is the Ministerial Decree 37/2008, which governs the installation, maintenance and certification of the systems in the buildings.
In general, the seller is not obliged to provide plants in accordance with or to guarantee their conformity in the event of a sale between private individuals, unless otherwise covered. However, it is required to declare the state of the plants and to provide the available documentation: in particular, the declaration of conformity issued by the installation company at the time of the execution of the works. In cases where the system is prior to 2008 or the declaration is no longer available, a declaration of compliance (DIRI) can be issued by a qualified technician, but only in the presence of certain legal requirements. In the absence of both documents, it is appropriate to provide for a technical verification by a professional, especially if the buyer intends to immediately live the property or access tax bonuses.
In addition to the formal documentation, it is good practice to request information on the actual conditions of the systems: year of installation, recent interventions, ordinary maintenance. In dated buildings, where the legislation did not impose current security standards, this evaluation assumes particular relevance.
APE (Energy performance certificate)
The energy performance certificate (APE) is a mandatory document in all real estate sales, pursuant to Legislative Decree 192/2005 and subsequent amendments. It must be drawn up by a qualified technician (energy certifier) and delivered to the buyer already in the proposal or preliminary phase, under penalty of cancellation of the contract or administrative penalties.
The Ape describes the energy characteristics of the building or real estate unit and attributes an energy class (from A4 to g) based on the estimated consumption for heating, cooling and production of domestic hot water. It also includes recommendations for improving energy efficiency.
Despite being a formal document, the Ape offers the buyer useful information on the level of isolation, the efficiency of the systems and on the possible costs of managing the home. It is also a relevant tool to evaluate access to tax incentives or funding related to redevelopment interventions.
An Ape must have a maximum validity of 10 years, except for substantial changes to the property that alter its energy performance (e.g. replacement of the boiler, roof insulation, installation of high efficiency fixtures). It is important that it is drawn up on the basis of an inspection and not simply through cadastral data, to ensure reliability of the document.
Usability (when requested) and municipal documentation
Phase is the document certifying the existence of the conditions of safety, health, hygiene and energy saving of a property, according to the provisions of art. 24 of the consolidated text of construction (DPR 380/2001). Although it is no longer mandatory for the validity of the sale, its absence may have practical and legal repercussions, in particular in the case of recent or renovated properties.
Phase is mandatory in cases of:
- New construction;
- Relevant renovation interventions (which imply structural or functional changes);
- Change of intended use with impact on hygiene-sanitary conditions.
In the most dated buildings, especially those built before 1967, usability may never have been released. In these cases it is not said that there is a condition of illegitimacy, but it is essential to ascertain the documentary state of the property at the Municipality. For this reason, it is always advisable to access the documents at the municipal technical office, in order to reconstruct the historic building of the property. This allows you to verify the presence of qualifications, any amnesty practices, test certificates or usability, and to evaluate the consistency between what has been declared and how much deposited.
In case of ability to be absent, the seller is not automatically required to obtain it, but the buyer has the right to be informed clearly about this circumstance, also to evaluate any implications in the intended use, in obtaining mortgages or in the future resale of the property.
Why rely on professionals in the preliminary phase
The collection and analysis of the documentation necessary for the sale requires specific technical, legal and administrative skills. For this reason, the support of qualified professional figures is decisive to guarantee a conscious and critical purchase.
The notary plays a formal and substantial control role on the continuity of transcriptions and on the absence of prejudicial gravar, but his intervention takes place near the deed. It is therefore advisable to involve an qualified technician (surveyor, architect, engineer) to carry out inspections and verify the urban, construction and cadastral conformity of the property already during the negotiation phase.
Of course, even relying on a real estate agency for the sale is decisive, given that it performs a filter and preventive control function, ensuring that the documentation of the property is complete and compliant before the proposal. Proceeding through the agency therefore allows to significantly reduce the risk that in a subsequent phase, problems may emerge that could compromise the full enjoyment of the asset or give rise to subsequent disputes.
Check in advance to avoid future problems
The purchase of a property is a complex operation that involves technical, legal and administrative aspects of great importance. The preliminary phase must not be considered a mere formality, but a strategic step to ascertain the regularity of the property and prevent future problems.
An in -depth document control, carried out with the support of qualified professional figures, represents the best guarantee for a safe and conscious investment. In an increasingly articulated real estate market, the quality of the information collected before the signature is what makes the difference between a peaceful purchase and an obstacle course.
