Conformità urbanistica: planning compliance when buying

Three timelines

The rule changes with the building’s age.

• Begun after 17 March 1985: the deed must contain the permit particulars (art. 46 of DPR 380/2001). This applies to private and public deeds that transfer, create or dissolve co-ownership of rights in rem. It applies also to works done on notification (SCIA) if the particulars are not given. Mortgages and easements are excluded.
• Begun earlier: L. 47/1985, art. 40 applies the same nullity to deeds relating to buildings when the seller’s declaration of the licence or permit particulars is missing; but for works begun before 1 September 1967, the owner may instead provide a sworn substitute declaration (dichiarazione sostitutiva di atto notorio) that the work began before that date. It can be included in the deed or attached.
• Built when no permit was required: the legitimate state is derived from first-survey cadastral data and other probative documents such as aerial photographs, maps or archive records (art. 9-bis).

Deeds from enforcement proceedings (forced sales and insolvency) fall outside the nullity (art. 46 para. 5).

What “legitimate state” means

Article 9-bis defines the stato legittimo of a property as the state shown by the permit that authorised its construction or legitimised it, or by the permit governing the last building work on the whole property, on condition that the administration checked earlier permits when issuing it, combined with later permits for partial works. It includes permits issued under the regularisation provisions (arts. 34-ter, 36, 36-bis and 38) once the related penalties or fines are paid, and the payment of penalties under other listed articles, and the declaration of tolerances made under art. 34-bis. Differences found in the common parts of a building do not count for the legitimate state of a single unit, and differences in single units do not count for the whole building (art. 9-bis, para. 1-ter). The text read is the version in force since 28 July 2024, the date shown on Normattiva.

Tolerances

Article 34-bis lists deviations that are not violations. Going beyond the permit’s height, setbacks, volume, covered area or other parameter of a single unit is not a violation if within 2% of the measures in the permit. For interventions completed by 24 May 2024 the allowance is instead graduated by usable surface area: 2% over 500 m², 3% from 300 to 500 m², 4% from 100 to 300 m², 5% under 100 m² and 6% under 60 m². “Executive tolerances” such as minimal geometric irregularities, finishing changes and different placement of installations or internal works are allowed if they do not breach planning rules or habitability, and only for properties not protected as cultural heritage. Tolerances from past works are declared by a qualified technician, in the forms for new applications or by a sworn declaration attached to the deed. In seismic zones the technician must certify compliance with structural rules. Third-party rights are never reduced by the article. Whether a given deviation is a tolerance is a technical judgment; do not assume.

Cadastral conformity is a separate test

Do not confuse the permit with the cadastral plan. Under L. 52/1985 art. 29 para. 1-bis, deeds on existing buildings must refer to the plans filed at the cadastre and contain the holders’ declaration that the plans match the real state (or a technician’s attestation), on pain of nullity. Both checks apply. See the cadastral search guide.

Habitability

Under article 24 of DPR 380/2001 the safety, hygiene, health and energy conditions of a building, and its conformity with the approved project, are attested by a certified notice (segnalazione certificata di agibilità) filed with the municipality’s one-stop shop within 15 days of the end of finishing works, for new buildings, reconstructions and works affecting those conditions. Failing to file carries an administrative fine from €77 to €464. The notice can cover single units if structural parts are tested, utilities certified and common parts completed. The notariato’s checklist asks the seller for the habitability certification or proof of its request. If a home has no habitability filing, the parties can agree that the price is paid only after it is filed, using the notary’s price deposit (see the rogito guide).

Land: the urban-planning certificate

For a transfer of land, article 30 of DPR 380/2001 makes the deed void unless the urban-planning destination certificate (certificato di destinazione urbanistica) is attached, listing the planning rules on the area. It does not apply to land that is an appurtenance of buildings entered in the urban cadastre where the area is less than 5,000 m². The municipality must issue it within 30 days of the request, and it stays valid for one year if the seller declares that the planning instruments have not changed. The notariato’s checklist mentions this certificate for land transfers or where the surrounding area exceeds 5,000 m².

Can a defect be cured?

Article 46 para. 4 allows a deed to be confirmed by a later act in the same form, even by one party, if the missing particulars were omitted but the permit existed at the time. If the permit never existed, there is nothing to confirm: the route is regularisation with the competent municipality, which depends on the case. Article 9-bis refers to regularisation provisions (arts. 34-ter, 36, 36-bis, 38) that Payotte has not examined; ask a surveyor or architect which, if any, applies.

Which professional to consult

A surveyor or an architect compares permits, plans and the building as it stands and can file corrections. The notary checks that the deed contains the required statements. A real estate agent obtains the seller’s documents.