House Habitability Certificate Italy: what to know before buying a home and the risks for the buyer
During recent due diligence for prospective residential property buyers, I have increasingly noticed how sellers downplay the significance of the *Certificato di Agibilità* (Certificate of Habitability/Occupancy), as well as a general lack of awareness regarding the document's importance in real estate transactions.
Articles 220–227 of Royal Decree no. 1265 of July 27, 1934—the Consolidated Law on Health Regulations—introduced the rule that buildings could only be occupied following the issuance of health authorization by the municipality where the property was constructed, subsequent to an inspection. This health authorization was later renamed the "Certificate of Habitability" (*Certificato di Abitabilità*).
Subsequent regulatory changes led to the introduction of the *Segnalazione Certificata di Abitabilità* (Certified Notification of Habitability) to replace the Certificate of Habitability.
The "Segnalazione Certificata di Abitabilità" (SCA)—more commonly referred to simply as "habitability"—is a declaratory document prepared by a qualified professional (such as an architect, engineer, or surveyor). It certifies that a building is suitable for the purpose for which it was constructed, thereby maintaining the nature of the authorization originally established in 1934.
The SCA (House Certificate of Habitability in Italy)for a property certifies:
compliance with current regulations regarding hygiene, energy efficiency, healthiness, safety, and building systems;
the property's urban planning conformity with the submitted plans;
its habitability.
For which types of work is the submission of the SCA mandatory?
New construction;
Total or partial reconstruction;
Vertical extensions (adding storeys);
Work affecting the structural safety, hygiene, healthiness, or energy efficiency of the building and its systems
The documents comprising the SCA (Certificate of Agility and Compliance), pursuant to Art. 24 of Presidential Decree (DPR) 380/2001, are:
a) A statement by the Works Supervisor or another qualified professional certifying the building's and systems' conditions regarding safety, hygiene, healthiness, and energy efficiency, as well as the property's conformity with the project submitted to the Municipality;
b) A structural acceptance certificate or a declaration of proper execution issued by the Works Supervisor;
c) A declaration of conformity with regulations regarding the removal of architectural barriers;
d) Details of the cadastral declaration (new or updated);
e) Declarations of conformity with current regulations regarding systems, issued by the installing companies;
f) A certificate stating that the building is equipped for ultra-broadband connectivity.
Failure to submit the SCA entails a monetary penalty ranging from €77.00 to €464.00, pursuant to Art. 24 of Presidential Decree (DPR) 380/2001.
Simply reviewing the list of documents accompanying the SCA (Certified Report of Habitability) reveals its importance—especially if you are about to buy a home you intend to move into immediately, without carrying out any renovations.
The situation differs, however, if the property requires renovation work, as this entails submitting a new certified report upon completion of the project.
What is the worst-case scenario for a buyer purchasing a property that lacks a certificate of habitability?
The worst-case scenario arises when the property cannot meet minimum habitability standards, even after construction work. In this instance, the buyer has purchased a property sold as residential that cannot actually serve as a home; consequently, its permitted use differs entirely from what was agreed upon in the sales contract, resulting in clear financial loss for the buyer.
My personal advice, therefore, is to exercise caution when purchasing a property that lacks a certificate of habitability. You should engage a qualified professional you trust to verify the property's habitability status and legal compliance in order to protect your investment.
