The analysis of the regulatory and technical aspects of a property

Articolo su Quotidiano di Sicilia
14/07/2021

CATANIA – Purchasing a property represents an important investment for the buyer, which is why it is necessary to protect oneself from the numerous risks one may incur. The first step to protect yourself is, first of all, to verify the current state of the property through a careful analysis of the regulatory and technical aspects that characterize it. In fact, it may happen that you undertake a purchase and sale process which in its first phase involves the signing of the agreement and the subsequent payment of an advance (also called "deposit") which, in the event that the buyer becomes aware of any discrepancies , is not always reimbursed, with the consequence of necessarily having to undertake civil litigation

In fact, cases in which properties intended for sale present irregularities from an urban planning, cadastral and building point of view or, again, discrepancies regarding the systems present or failure to comply with the specific provisions of the relevant bodies are not rare, such as the Superintendence for Cultural and Environmental Heritage or the Consortia for the development of industrial areas.

It should be specified that with Legislative Decree no. 78 of 2010, Italian law established that deeds of sale of properties that present discrepancies must be considered null and void, which entails many difficulties and inconveniences, especially economic, for the parties involved. Before signing a public deed or a private agreement it is in fact necessary to involve a public official such as the notary who has the task of identifying the land registry holders and verifying their compliance with the results of the real estate registers.

To verify the urban planning regularity of a property it is necessary to compare the state of affairs with the authorization with which the building was built, verifying the related documentation, such as the building license and permit, the construction permit and, possibly, the concession in amnesty, the certificate of usability. The regularity of the aforementioned documents can be proven before the compromise by comparing the drawing of the building project approved by the Municipality with the current state of the property.

As far as cadastral regularity is concerned, it will be essential to analyze the data relating to the property with the current situation of the property, reconstructing the history of the qualifications that have produced its current state. It frequently happens that the plan does not correspond to the residential title with which the building was built and it is not always possible to remedy such irregularities since the characteristics of the property themselves are not compatible with the provisions of the master plan.

Another aspect to consider concerns the energy performance and conformity of the systems present, as in the case of buildings to be used as office spaces which must necessarily comply with national legislation on safety at work (for example fire escapes, panic doors,

For all the aforementioned reasons, it is therefore advisable to turn to experts in the sector with proven experience and specific know-how in the field of real estate legislation, capable of supporting the future buyer right from the preliminary phase prior to signing the purchase contract for protect him from legal problems and significant economic damage. This is the case of the team of the Expertise Re real estate agency, professional real estate intermediaries, with a widespread presence in Sicily and Calabria, with decades of experience in the field and in collaboration with numerous experts specialized in the technical and documentary analysis of properties.

There are several successful experiences in which Expertise Re professionals have had to carry out significant feasibility studies. This is the case, for example, of an important apartment in the heart of the historic center of Ragusa consisting of an entire main floor, in which the entrance hall of the building was transformed into an exclusive property, with residential use, through a specific practice technique and a triangular agreement with the third-party owners of the ground floor units. And, again, in Catania in Corso Sicilia, to facilitate the sale of an important 900 m2 management office, it was divided into three distinct units, with prior verification of feasibility both in terms of practices to be carried out and works to be carried out , in particular the sectioning of all systems and new electrical lines from the meter compartment and the construction of new bathrooms.

All significant examples that demonstrate how important it is to rely on an expert real estate agency for the sale of properties to avoid the risk of incurring careless purchases and/or administrative sanctions for irregularities in the fulfillment of the many legal obligations required for real estate transactions.