Compliance with zoning and town planning regulations: checks / certifications / regularisations to prevent or remedy "risks" in the purchase with the help of Technical Consultants registered with the Court Registers; upon request, a NOTARIAL_TECHNICAL REPORT certifying that the real estate is compliant with zoning and town planning regulations may be issued;



- in fact, in Italy each building must be authorized by a municipal administration deed known as titolo abilitativo (building permit). The match between the project filed with the Municipality by a qualified professional and the state of affairs demonstrates the compliance with zoning and town planning regulations (also called compliance with building regulations).

In practice, the cases of differences between the actual state of the building / portion of the building and the project filed with the Municipality are so varied that they cannot be summarized: each case requires a specific evaluation and solution by competent and qualified professionals and not by "improvised experts" because the risks for buyers are really high.
Broadly speaking, the following problems may arise:

Building constructed not complying with the authorization deed
These are mostly the cases of total volume increases. The illegal interventions may be regularized if the illegal works were carried out in compliance with the zoning and town planning regulations in force both when they were carried out and when the application for condonation was submitted (SCIA IN SANATORIA - Retrospective certified notice of commencement of construction works - Article 36 - DPR 380/01). The Municipality issues a conformity assessment certificate within 60 days. After that term the silent refusal applies.
With the current rules the retrospective applications for condonation are not recommended because the costs in terms of cash settlement of fines and construction are very high.
The Civil Engineering aspect must be considered for the buildings located on seismic areas.


Small internal changes made without authorization deed
They can be remedied if the works are compliant with the current zoning and town planning instrument, by submitting a retrospective SCIA and / or CILA (sworn notification of commencement of construction works) pursuant to Article 37 of DPR 380/01. The amount of fines is quite limited, namely € 1500-2000 depending on the Municipality and the time of infringement

Internal and external structural changes
The illegal interventions may be regularized if the illegal works were carried out in compliance with the zoning and town planning regulations in force both when they were carried out and when the application for condonation was submitted (SCIA IN SANATORIA - Retrospective certified notice of commencement of construction works - Article 36 - DPR 380/01). The Municipality issues a conformity assessment certificate within 60 days. After that term the silent refusal applies.
The Civil Engineering aspect must be considered for the buildings located on seismic areas.
The amount of fines is quite limited.

Landscape protection requirements
If the building subject to an application for condonation is located in an area subject to landscape protection, archaeological and hydrogeological requirements, no condonation is possible. In this case only internal works can be regularized.

Illegal building
When the building was constructed without any authorization deed, it is possible to regularize it only if there is a specific Law on condonation (currently this is unlikely in Italy).
The property may be purchased: the buyer takes up the risk of a possible Demolition Order.

Both the illegal works and the irregularities - once ascertained - can reduce the value of the building, thus making access to a loan or mortgage difficult or impossible and even jeopardizing the saleability of the property.

Therefore, prior to the conclusion of a Preliminary Contract, with a view to ensuring the investment success and a safe purchase, it is advisable to have the compliance with zoning and town planning regulations be checked very carefully by Professionals working in the sector.

 

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