The importance of urban planning compliance for buyers and sellers
When it comes to real estate transactions, one of the most delicate and often underestimated aspects is the urban planning compliance of the property.
This is not just a bureaucratic formality, but a fundamental guarantee for both the buyer and the seller.
What is urban planning compliance?
Urban planning compliance means that the actual state of the property corresponds to the building permits filed with the Municipality (building permits, concessions, variations, etc.). In other words, the property must have been built and/or modified in accordance with the approved projects.
Why it matters for buyers
- Protecting the investment: a non-compliant property may lead to unexpected expenses for regularization or, in the worst cases, demolition orders.
- Access to mortgage: banks require compliance in order to grant a mortgage loan.
- Future peace of mind: buying a compliant property helps avoid legal and administrative issues later on.
The seller’s responsibilities
The seller is legally responsible for ensuring that the property complies with urban planning and building regulations.
The declaration of compliance is mandatory in the notarial deed of sale: providing inaccurate or incomplete information may lead to legal consequences, including contract termination or claims for damages.
Properties built before 1967
Special attention should be given to properties built before September 1, 1967, the date on which the “Legge Ponte” (Law no. 765/1967) came into force, making a building license mandatory even in municipalities with fewer than 10,000 inhabitants.
Before this law, many constructions were built without a formal building permit, but this does not automatically make them illegal.
In such cases, a property can be considered “legitimate” if it existed at that time and has not undergone unauthorized substantial changes afterward.
However, it is always essential to carry out a technical and documentary check, since any extensions or modifications made after 1967 must be properly authorized.
A crucial step in the transaction
Checking urban planning compliance before selling a property is a key step.
A technical survey carried out by a professional (surveyor, architect, or engineer) allows to:
- identify any irregularities,
- assess costs and timing for a potential amnesty,
- avoid delays or obstacles in the sale process.
Conclusion
Urban planning compliance is not a minor technicality but an essential condition for a safe transaction.
- For buyers, it represents the security of a sound investment.
- For sellers, it means fulfilling a legal obligation and avoiding future liabilities.
Before buying or selling a property, it is always advisable to rely on qualified professionals who can check and certify compliance, ensuring a transparent and trouble-free transaction.