Urban planning compliance: what to check before selling your home

What is urban planning compliance and why does it matter when selling?

Urban planning compliance refers to the correspondence between the current condition of a property and the planning and building permits filed with the local municipality: the building licence, permit, building permit, SCIA, depending on when the work was carried out and the type of intervention involved. Put simply, the property must actually be as it was authorised to be on paper. When the actual condition differs from the authorised one, usually because changes were made without the required permits, this results in urban planning non-compliance.

The notary requests this verification because, under Italian law, property sale deeds must include details of the building permits under which the property was constructed. Urban planning compliance, even more than cadastral compliance, determines whether the property can legally be sold. The responsibility for ensuring that the property being sold is compliant lies with the seller: the notary's checks are documentary in nature, verifying the existence of the relevant permits and the declarations made by the parties, but they do not include a technical inspection of the property. For this reason, anyone selling a non-compliant property may remain exposed to liability even years later, and not even a general "as is" or "seen and accepted" clause provides protection against an undeclared building violation.

Urban planning compliance and cadastral compliance: two separate checks

Urban planning and cadastral compliance are often confused, but they are two different checks.

Urban planning compliance concerns the correspondence between the actual condition of the property and the building permits and authorisations filed with the local municipality. It is the check that determines whether the property is legally compliant from a building and planning perspective.

Cadastral compliance, on the other hand, concerns the correspondence between the floor plan registered with the Land Registry and the actual condition of the property. It is essentially a fiscal and descriptive record. It is important to remember that the Land Registry is not a legally probative authority: cadastral records do not prove that a property complies with building regulations. Paradoxically, a property can be perfectly registered with the Land Registry while still being subject to unauthorised building works.

The two are not the same, which is why both checks are necessary. Cadastral compliance is required for the execution of a deed of sale under Article 29 of Law 52/1985; when it is missing, usually because the cadastral records were not updated after authorised works, it can generally be resolved by filing a cadastral amendment, a relatively straightforward procedure.

Urban planning non-compliance, on the other hand, can be more complex, as it may affect whether the property can legally be sold. In practice, the two checks are carried out together and documented in a single report, the urban planning and cadastral compliance report, which provides an overview of the property's status from both perspectives.

How urban planning compliance is verified: who does it and how much does it cost?

Checking compliance is not something a property owner can do on their own: it requires a qualified professional, such as a surveyor, architect or engineer. This professional has the expertise to compare the actual condition of the property with the records and documents on file.

The process involves two stages. The first is accessing the municipal records: the professional reviews the building permits and authorisations on file, reconstructing the property's planning and building history, from its original construction through any subsequent modifications. The second is the property inspection, during which they verify that the actual condition of the property corresponds to those permits and authorisations, taking measurements and comparing all relevant elements. This comparison determines whether the property is compliant or whether there are discrepancies, and what type they are.

The cost of the report depends on the characteristics of the property and the complexity of the assessment, and should be agreed upon with the professional.

Selling a property without urban planning compliance: when it is possible and when it is not

A common question is whether a property can still be sold when discrepancies are found. The answer depends on the nature of the irregularity.

For properties that were legally built but have undergone minor unauthorised alterations over time, the property can generally still be sold: the sale can therefore proceed. However, it is advisable for the buyer to be fully informed of the situation and to accept it knowingly, potentially through an explicit declaration and an appropriate contractual clause. Transparency, in this case too, protects both parties.

The situation is different in the case of serious building violations. When a property has no building permit or was constructed in complete breach of the authorised plans, the sale cannot proceed: the contract would be legally void. This applies even if the buyer is aware of the violation and willing to accept it. In these situations, there are no contractual shortcuts: where possible, the property must first be brought into compliance before it can be sold.

The role of the notary in all of this is to ensure the legal validity of the deed. The notary checks the documentation, requests the necessary declarations and will not proceed if grounds for nullity emerge. However, it is important to remember that the seller remains substantively responsible for ensuring the property's compliance. If undeclared discrepancies come to light after the sale, the buyer may have legal remedies that can include termination of the contract and compensation for damages. Once again, carrying out the necessary checks in advance is the best way to protect yourself.

Why working with Engel & Völkers means reaching the closing without surprises

The difference between a sale that goes smoothly and one that gets held up at the last minute is almost always determined during the preparation phase, before a buyer has even been found.

Engel & Völkers begins every sales mandate with an analysis of the property's urban planning and cadastral documentation, in order to identify any potential issues while there is still enough time to address them.

This approach protects both the transaction and the seller. Reaching the closing with all documentation in order, any discrepancies already resolved, and full transparency towards the buyer is what distinguishes a professional approach to selling a property from an improvised one that could prove costly.