New: The certificate of the legal status of property

By DR. RODOLFO DOLCE | 12.03.2021

The legislative decree "Semplificazioni", converted into Law No. 120/2020, has brought many new legal innovations, among which the introduction of the "certificate of lawful status of property" (certificato di stato legittimo dell'immobile) deserves special attention.

This is practically a certification that can attest the lawful status of the building. It is an affidavit that has penal consequences in case of false statements. It is issued by a qualified technician who certifies that the property was built in accordance with urban planning and building regulations or that it has construction tolerances that do not affect the usability of the property.

Although this certificate is not obligatory, it can be very useful for the parties of a sale contract: For example, anyone buying a house can, thanks to this document, obtain an affidavit that the property was built in accordance with the law and that there is therefore no abuse. An undoubtedly important guarantee for the buyer, but also for the seller, who is thus protected against any disputes and lawsuits. For this reason, it would certainly always be advisable, although not compulsory, to attach it to the notarial deed of sale.

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