
How to identify and avoid building irregularities in Italy
Immobilien- und Wohnvokabular auf Italienisch: Ihr Schlüssel zu erfolgreichen Gesprächen: How to identify and avoid building irregularities in Italy
To identify and avoid building irregularities in Italy, it is essential to understand the legal frameworks, common types of irregularities, and the processes for regularization.
Identification of Building Irregularities
- Building irregularities often involve unauthorized construction or modifications without required permits, such as changes to room dimensions, partitions, mezzanines, or other structural modifications that do not correspond to official plans or cadastral records.
- These irregularities may be discovered during cadastral map comparisons with actual construction, during property transactions, or inspection by local authorities responsible for urban and building regulations.
- Common irregularities include formal discrepancies due to interpretative uncertainties in regulations or small internal modifications that were made without permits.
Avoidance of Building Irregularities
- Before any building work, always obtain the necessary building permits or administrative approvals from the competent local municipal offices in Italy.
- Engage professionals (architects, engineers) to ensure compliance with national and local regulations and to prepare the required documentation.
- Submit notices like CILA (Comunicazione Inizio Lavori Asseverata) for non-structural changes to buildings, which must be done prior to work commencement to avoid penalties.
Regularization and Compliance
- The 2024 “Home Save Decree” (Decreto Salva Casa) aims to simplify the regularization of minor building discrepancies within certain tolerance thresholds (e.g., 2-5% surface discrepancies depending on property size).
- For more significant irregularities, a “Permesso di Costruire in sanatoria” (retroactive building permit) may be required, though this can be complex and costly.
- Regularizing small discrepancies often involves paying penalties, which typically correspond to twice the increase in property value due to the irregularities.
- Illegal building activities in Italy are subject to criminal penalties, including fines and potential demolition orders by local authorities.
Practical Advice
- Conduct thorough property due diligence including cadastral surveys prior to buying or renovating.
- Use official channels for permits and communicate early with municipal offices if discrepancies are found or suspected.
- Regularize any minor irregularities promptly through the new simplified administrative procedures available post-2024 to avoid legal complications and financial penalties.
This approach helps maintain legal compliance, protects property value, and reduces risks of penalties associated with building irregularities in Italy. 1, 2, 3, 4, 5, 6