The Building Regularity

One of the simplest but least understood things in real estate is the difference between Town Planning and Cadastral compliance

Difference between town planning and cadastral compliance

One of the simplest but least understood things in real estate is the difference between Town Planning and Cadastral compliance.

The first mistake that everyone makes is to think that compliance is one thing, while these two conformities concern two different and distinct aspects with completely different values.

Very often, in fact, the cadastral plan is considered as the only document to be attached to a sale. Nothing more wrong.

What really legitimizes a property is the building permit issued by the Municipality and not the cadastral plan which, said in technical jargon, has no probative value.

We come therefore to the differences between the two conformities:

Town planning compliance occurs when the property is the same as the project deposited in the Municipality and this is the aspect to which more attention must be paid. In fact, any modification made without the consent of the Municipality is considered an abuse.

If there are any differences between the state of affairs and the project filed with the Municipality, also known as having been approved, these must be corrected and "remedied" by submitting a project and paying a fine. If the differences cannot be remedied, the approved status must be restored. To verify urban planning compliance, it is necessary to log in to the building archives of the competent Municipality.

Cadastral compliance , on the other hand, occurs when the real floor plan of the property corresponds to the design that is present in the Land Registry, that is the office of the Revenue Agency. This design is used to calculate the taxes to be paid.

The cadastral plan must be updated every time the property is modified, obviously subject to a building permit which will be followed by the cadastral change.

All these checks must be done before arriving at the sale or even better before having a potential buyer sign the purchase proposal.

Double conformity is a document that will increasingly be required by notaries when selling a property.

Up to now, the notary normally has the owner declare, under his responsibility, that the property possesses the dual urban and cadastral compliance.

However, if this statement does not correspond to the truth, the false is declared in a public deed and this entails both civil and criminal consequences for the owner of the property. Furthermore, the buyer, upon becoming aware of the discrepancy a posteriori, could sue the seller who, in addition to the damage of the loss of time to settle the matter, will be subject to penalties to be paid both to the Municipality and to the Revenue Agency.

And if the discrepancy found was not remediable, it could lead to the nullity of the deed of sale, with non-negligible economic consequences.

So before finding yourself in unpleasant situations it is good to check if your property is equipped with this double conformity.

It should be noted that 72% of homes in Italy report some discrepancies as unauthorized or not transcribed changes (even small ones) have been made over the years. And it is very easy for the floor plan deposited in the Municipality to be different from that present in the Land Registry also because until a few years ago it was not mandatory at the end of a building practice to deposit the land registry with the end of the works.

A real estate consultant would be required to explain to owners who intend to sell their property the need to carry out these checks since it is the owners who run the highest risks ever.

July 2022, Daniela Roasio doctor of architecture and real estate consultant


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