Abuses, amnesties, and urban planning compliance: what to know before selling or buying a house.
When deciding to sell or buy a property, one of the most important aspects to check is urban planning and land registry compliance.
Very often, however, building violations or irregularities may emerge that require further investigation or regularization.
In this article, we'll explain in simple terms what all this means and why it's essential to check it before buying or selling.
What is urban planning compliance?
Urban planning compliance indicates that the property has been built and modified over time in compliance with:
- the project originally approved by the Municipality,
- any authorised variations.
In practice, the house must be "equal" to the enabling titles (licenses, concessions, DIA, SCIA, CILA...).
If there are differences, we speak of urban planning discrepancies .
Land registry compliance: is it the same thing?
No.
Cadastral compliance verifies that the property is correctly represented and registered in the Land Registry (plan, size, data).
It is possible to have a property that complies with the Land Registry but not with urban planning regulations, because the Land Registry does not certify building regulations.
What are building abuses?
Building abuses are interventions carried out:
- without a qualifying title,
- or in deviation from it.
They may concern:
- expansions
- moved partitions
- mezzanines
- verandas
- canopies
- closing balconies
- change of intended use
- construction of external artifacts
Even small internal changes can constitute abuse if not authorized.
Can I sell a property with unauthorized construction?
Technically yes, but only if the buyer is aware of it, and often:
- can't get a mortgage
- the notary can refuse the deed
- the buyer can withdraw
For this reason, the most common solution is to proceed with an amnesty before the final deed.
What is building amnesty?
Amnesty is a procedure that allows you to regularize illegal construction by paying fees and penalties.
It can only be granted if:
the work complied with urban planning regulations at the time of its construction (or, in certain cases, it does so today)
There are different types:
- Declaration of conformity (Art. 36 TEU)
- Double compliance amnesty
- CILA/SCIA in regularization
- Building amnesties of the past (1985, 1994, 2003)
Not everything can be healed
Not all works can be regularized.
They are not curable:
- abuses in restricted areas
- major expansions
- changes of use not permitted
- constructions on non-buildable land
- works without double conformity
In these cases it is necessary to evaluate:
- restored to its original state
- demolition
- supplementary declarations between the parties
Why Compliance is Critical When Selling
During a sale, the notary requires precise declarations regarding the urban planning and cadastral status of the property.
If the house is not compliant:
- there is a risk of delays
- the sale may fall through
- disputes can be opened
The buyer needs transparency and guarantees: a regular situation speeds up the entire process.
How to check if a property is compliant
It is necessary:
- Recover building permits
- Compare the current status with the approved project
- Check the cadastral plan
- Request municipal records/documents
A qualified technician (surveyor, architect, engineer) can make this assessment.
The best solution: check before you put it up for sale
The most effective strategy is to carry out a preliminary urban planning audit to:
- discover any critical issues
- initiate amnesties
- avoid blockages during the negotiation phase
The sales process becomes:
- faster
- safer
- more transparent
Conclusion
Urban planning and land registry compliance are key elements in the sale or purchase of a property.
Addressing any discrepancies before putting the property on the market avoids delays, problems with the notary, and missed opportunities.
Do you have doubts about the legality of your property?
We at Case in Sabina can support you with:
- urban planning and cadastral verification
- document analysis
- technical support with qualified professionals
- assistance in the regularization procedure
Contact us for a no-obligation consultation!
