Italian Property: The Importance of Cadastral (Land Registry) and Zoning Compliance
A great deal of Italian property is either completely or partially illegal.
Even slight discrepancies in plans, such as distribution of internal spaces can expose you to civil or criminal repercussions. The minimum penalty for the seemingly most trivial of matters is at least Euro 1,000. This financial penalty is over and above professional costs to remedy the discrepancy.
Planning discrepancies impact the future marketability of your Italian property
When you purchase an Italian property, due diligence checks regarding Cadastral and Zoning compliance are of the utmost importance. Ensuring your property complies with the law will save you time, money and stress in the long run.
Making sure your Italian property complies with the law isn’t just applicable to sales and purchases. It is also relevant for other cases such as, obtaining a mortgage, planning renovations, accessing tax benefits and subsidies and organising inheritance and asset division.
Cadastral Compliance (legittimità catastale)
This term refers to the compliance between a property’s current condition and its registration in the Italian Cadastre. As such it does not have a zoning relevance.
Italian tax authorities manage cadastral services. Entries in the Cadastre neither prove ownership nor property compliance with zoning legislation.
Zoning Compliance (legittimità urbanistica)
This term refers to the compliance between the property’s current condition and past planning permission. Many property entries in Cadastre do not match with zoning compliance.
It is crucial to verify this element before purchasing or selling an Italian property or if you are considering renovation work on a property.
Checking zoning compliance may reveal the presence of illegal work to the property. This could jeopardise being able to legally market the property. A lack of zoning compliance can generate legal disputes during the conveyancing process.
Zoning and Cadastral Compliance in Notarial Deeds of Sale
Since July 2010 it has been compulsory to prove in notarial deeds of sale, that a property complies with zoning and cadastral legislation.
It is therefore compulsory to list in the deed of sale the various building permits used in order to build, extend or renovate a property.
If the property was built prior to 1st September, 1967, exemptions may apply to omitting the property’s zoning history. After this date however, any renovation work must be listed.
At De Tullio Law Firm we are specialists in Italian property and inheritance matters. Before signing any property-related paperwork, please get in touch with us. We are here to help.
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