The recent ruling no. 8230/2019 of the United Sections of the Court of Cassation clarified that a property with urban planning irregularities can be validly sold, provided that the details of the building permit are indicated in the deed. But this pronunciation, far from making building irregularities irrelevant, has made technical due diligence even more crucial before purchasing.
Technical due diligence represents an in-depth investigation into the actual state of the property, aimed at verifying its urban planning, construction and cadastral compliance.. This is not a simple inspection, but a systematic analysis that involves qualified professionals and includes documentary and inspection checks.
Why did it become essential after the Supreme Court ruling? Precisely because, even if the deed of sale is valid, the urban planning irregularities remain relevant on the administrative, criminal and civil level. The buyer who does not carry out due diligence risks finding himself the owner of a property with irregularities that could lead to:
- Administrative sanctions
- Demolition or restoration orders
- Impossibility of carrying out future building works
- Difficulty in reselling
- Reduction of the commercial value of the property
A comprehensive technical due diligence should include at least:
- Checking urban planning compliance: analysis of building permits (building permits, DIA, SCIA, etc.) and comparison with the actual state of the property to identify any discrepancies.
- Checking cadastral compliance: checking the correspondence between cadastral plans and the actual state of the property.
- Technical documentation analysis: examination of certifications (energy, systems, etc.), reports (geological, structural, etc.) and other relevant technical documents.
- Inspection and surveys: inspection of the property with photographic and metric surveys to document the actual state.
- Verification of constraints and easements: verification of the existence of constraints (landscape, hydrogeological, etc.) or easements that may limit the enjoyment or transformation of the property.
To carry out these checks it is necessary to involve qualified professionals such as architects, engineers or surveyors, who have the technical skills necessary to identify any irregularities and assess their impact.
The cost of a technical due diligence varies depending on the complexity of the property and the depth of the checks required, but it always represents a profitable investment when compared to the potential risks and costs arising from the purchase of a property with undetected irregularities.
In conclusion, the ruling of the Supreme Court, although having clarified that urban planning discrepancies do not affect the validity of the transfer deed, has indirectly strengthened the importance of technical due diligence as an essential tool to protect the buyer's interests and ensure a conscious and safe real estate investment.
In the next article we will delve into legal due diligence in detail, to complete the necessary checks to be carried out before purchasing a property.
Content by the Lawyer. Gianmaria Pesce
