Save home and building tolerances: valid purchase deed even without a valued declaration

The tolerances are not violations

Study 62-2025/P of the Notaries (downloadable at the end of the article) is dedicated toExamination of problems relating to construction and executive tolerances After the saving house decree. With the new article 34-bis introduced by the Decree in the Consolidated Building text, it is remembered in the text, the legislator has provided that some mild building differentity – as long as they are contained within the defined and detailed percentage thresholds – do not constitute building violations.

It is minimum deviations from the parameters of the qualifying title (height, cubature, detachments, covered surface, etc.) and of Executive irregularities irrelevant (eg internal finishing changes, plants, graphic errors). These tolerances, if they respect the conditions provided for by the standard, not only do not activate any sanctioning procedure, but above all, underlines the study, they do not affect the legal marketability of the good.

In fact, the legislator, through their regulation, aims to Unlock the stalemate in which the real estate market today paysstrongly penalized by the uncertainties of the sector regulatory framework, without introducing additional charges for the notary.

Information and invitation to checks

The notary has a specific one burden of information “functional to the defense action of the urban structure“, But nothing more than this, not even as regards the declaration of the tolerances. So The notary must inform the parts of the scope of their mutual obligations and the consequences descending from the transfer of an irregular propertybut nothing more than this, nor must it take action to perform any verification or request that the declaration will be produced to be attached to the act.

Essentially the obligation of information on the notaryreiterates the study, it is functional to soliciting an in -depth technical investigation by the buyerthat the public officer in charge can strongly hope for the hypotheses in which this proves to be necessary. However, this does not lead to the mandatory nature of the technical reportwhose optional character remains and whose presence is in any case remitted to the availability of the parties, as His absence does not affect the validity of the act.

Tolerances and guidelines of MIT

Referring to the guidelines of the MIT who provided the authentic interpretation of the rules, the study underlines that yes this declaration is “functional to certify the legitimate state of the property, and, therefore, to exclude the existence of irregularities that can preclude the release or formation of a new building permit or to the repercussions on the legal stores indicated in the provision”, however “the reference to the repercussion on the translation or divisional stores indicated provision, it must be understood in the sense that The presence of the relationship attached to the title excludes the possibility of operating remedial toolssuch as resolution or action as many as minoris, in an example; Instead, it should be noted that, certainly, any hypotheses of nullity emerge from the regulatory perimeter in question “.

Valid deed even without a valuable declaration

In essence, in the light of the provisions of the law and ministerial indications, The notary does not take on any additional burden of technical investigation regarding the presence or absence of tolerancesmust not nor commissioned checks, nor to instruct technicians, nor to evaluate whether the discrepancies are falling within the allowed thresholds, nor request the technical report as a mandatory documentation in order to carry out the transfer of ownership or proceed with the deed of division.

The notary, therefore, “where the report has been produced, will have to attach it, following a precise request in this sense even of only one of the parties”. However “will not have any obligation to investigate With regard to the existence of the conditions for the drafting, nor the assignment of a technician of his own trust that provides for it and assessing the existence of the technical conditions that require the consequent attachment of such a relationship “.

In other words The act of sale remains perfectly valid even if no verification has been conducted on the tolerances, No pressured declaration was requested and even if No technical document has been attached. A simplification that contributes to unlocking the real estate circulation without downloading new obligations on the notary, respecting the autonomy of the parties and the competence of the qualified technicians.