URBAN PLANNING AND HOUSING COMPLIANCE

Each property is legitimized and made compliant with building regulations with a project filed with the municipality.
Knowing building and urban planning compliance is useful when transferring, surrogacy or igniting a mortgage. The responsibilities of compliance in the event of a rogito are not of the notary but of the seller, to protect himself it is possible to entrust the drafting of a statement to a licensed technician.

The relevant legislation is the TUE (Single Text of Building DPR 380/01).

The correspondence between the project filed with the municipality by a licensed technician and the de facto status demonstrates the regularity of urban planning (also called building regularity). The qualifications with which a building can be authorized have varied over the years:

  • Building License: since 1942 with law 1150

  • Grant Expensive Building: since 1977 with Law 10

  • Building Permit: since 2003 with the TUE DPR 380/01

Building permits contribute to making a property adjusting from an urban-building point of view when the concession in Sanatorium is issued by the municipality. There were three pardons: in 1985, in 1994, in 2003. For pre-1942 properties, the land plan of 1939-1940 is considered as urban legitimacy. To check whether a property (apartment, villa, shop or any other artifact) is equipped with urban conformity you have to compare the status of fact with the project filed in the municipal archives.
The building may have been modified or built in a different way to the project submitted to the municipality. In this case, you cannot issue urban planning compliance. Urban compliance is necessary for a sale: it is advisable to check the regularity before the purchase offer because if the property has vices can be sold and the buyer will become responsible.

In addition, urban planning compliance is necessary in the case of construction work, such as a renovation, or to apply for a mortgage.
There are several types of discrepancies that do not allow compliance:

  • Abusive building

  • Small internal changes

  • External changes and volume increase, change of use, blend or split
    real estate units

In practice there are countless differences and each case deserves a specific assessment and resolution. Not all discrepancies can be healed, so you have to pay close attention before a purchase.
In addition, land regularity and building regularity are often confused.

What allows you to check the presence or not of a building abuse is never the register but only the title abilitative to the municipality.

 

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