By In Italian law, Italian Property, Italian Real Estate, Law, Law Firms in Italy, Notaio, Notary, Off-Plan Property, Property law, Real Estate Law

Farewell to The Certificate of Habitability?

Certificate of HabitabilityIntroduction

Farewell to the Certificate of Habitability? This is what is set to happen in the future, through an amendment to the Italian Competitiveness Decree, which is soon to be approved by the Italian Council of Ministers.

Applicable to all properties, if approved, The Certificate of Habitability will be replaced by a, “Segnalazione Certificata di Agibilità” (Certified Notification of Habitability). This is not just a matter of a name change, the whole process for obtaining certification will be different.

Currently, based largely on document checks, a Certificate of Habitability can be obtained from the municipality (Comune) in which the property is located. The new Certified Notification of Habitability will however, introduce new static testing regulations. These will include a certificate of compliance with technical laws and building regulations, “Certificato di rispondenza dell’opera alle norme tecniche”.

A site inspection will also be required – a, “controllo ispettivo sull’opera realizzata”. This must be conducted by a works supervisor or, where there is no supervisor, a licensed professional, who will be tasked with certifying the property’s compliance with Italian health and safety laws as well as providing an energy performance certificate for the property and its systems.

In addition, where building or renovation projects are underway, the property will be subject to regular inspections of works to ensure that regulations are being complied with. The frequency of works inspections will be decided by regions and municipalities.

These changes aim to create nationwide unity of requirements for property habitability. Up to now, the definition of habitability has been defined by the regions of Italy – although a certificate of habitability issued by a municipality, a technical report and a certificate of testing have always been required.

Another interesting change set to be introduced is that all Italian property sales contracts will be available in the public domain. In addition to specifying the estate, details of deeds of sale, except the names of the two parties involved in the transaction, will be made available, in electronic format, on the Agenzia delle Entrate (Italian Revenue Agency) website.

This move aims to create greater transparency concerning the Italian property market. Details will be accessible to anyone who is seeking information about property, estate descriptions and notarial deed prices. However, it is important to point out that the information contained in the public domain cannot be considered a valid legal title and deed search.

If you have any questions about the issues raised in this post, or if you need support or help with the legalities of buying, building or renovating a property in Italy, we would always advise that you seek independent legal advice.

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