Property's legal status: why it's crucial before buying or selling a house
- Bernardo Callai
- Mar 6
- 3 min read
The first definition of a property's legal status was introduced into the Italian regulatory landscape with Legislative Decree 76/2020 and was subsequently amended in Law 105/2024, inserted into Article 9-bis of Presidential Decree 380/2001 (Consolidated Building Law), and implemented by the Sardinia Region in Regional Law 18/2025.
This is a certification issued by a qualified professional who, under his or her own responsibility, certifies the current state of a property in accordance with the urban planning and building regulations stated in the plans that authorized its construction, as well as any subsequent amendments. Law No. 105/2024 simplified the verification process based on the most recent permit, through an explicit permit issued by the municipal technical office
The legal status of a property is important in two main situations:
1) Real estate sales;
2) Any modifications to the property.
The importance of verifying the legal condition of a property when purchasing or selling is greatly underestimated or even completely neglected by both buyers and sellers, unaware of the consequences of signing a deed of sale for a property with unauthorized works.
The greatest risk for the buyer is being forced, in the worst-case scenario, to demolish parts of the building depending on the severity of the building violations.
It should also be remembered that the new owner "inherits" the defects from the seller and is also liable for them in the event of an order from the Municipal Technical Office to rectify the violation.
A situation like this causes significant financial loss that could have been avoided before purchasing the property or at least included in the purchase price negotiation.
Over time, the common belief among both sellers and buyers has grown that the real estate agent and notary are a guarantee for verifying the property's legal status. Nothing could be more wrong. As I've already written in another article, "The role of a Real Estate Agent and Notary in Italy" these two professionals are not qualified to perform a legal status verification.
Currently, the declaration of legal status is not a mandatory document to be attached to the deed of sale, but notaries are increasingly including in the deed of sale a declaration from the seller declaring that the property is free of building violations and defects, and from the buyer a declaration that they have used a trusted expert to verify that the property being purchased complies with urban planning and building regulations.
Often, buyers discover construction defects in their property when they plan to carry out renovations or simple modifications. However, the professional in charge, having discovered illegalities, cannot proceed with the project without first filing a regularization procedure. Italian law prohibits even routine maintenance work on properties affected by these defects, and consequently, they cannot benefit from building incentives for renovation and energy efficiency upgrades.
The seller, however, faces the risk of the buyer requesting annulment of the deed and claiming compensation for damages due to irregularities in the property.
You now understand the importance of hiring a trusted professional to verify the legal status of a property you wish to sell or purchase. However, be careful: verifying legal status requires the ability to understand the history of a property and, above all, a very broad knowledge of municipal, regional, and national building and urban planning regulations (which have evolved from the time of construction to the present), as well as of court rulings that have previously ruled on this matter.
