declaration of conformity

Cadastral compliance: what is the declaration of conformity and what are the consequences of a non-compliant cadastral plan

The cadastral declaration of conformity is a document in which the seller certifies that what is deposited in the cadastral plan corresponds to the real state of the property. In fact, according to the provisions of Italian law, in order to sell an apartment, the property must have cadastral compliance.

This is a very important document because its absence can render the deed of sale null and void. This declaration, however, can be replaced by a certificate of conformity issued by a qualified technician who assumes responsibility for what is declared.

It happens very often that there are cadastral discrepancies in the property you want to sell. In these cases, what can be the consequences of a non-compliant cadastral plan? And how to resolve any irregularities before the sale? Let’s delve into the matter in this article.

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Cadastral declaration of conformity: what is it?

As mentioned above, the cadastral declaration of conformity is a document that certifies compliance with the cadastral plan. It is a necessary document to sell the house, as its absence can lead to the cancellation of the sales contract.

In other words, at the time of sale, the owner must take responsibility for declaring that the property has not undergone any changes with respect to what is reported in the floor plan filed with the land registry. A possible alternative is that indicated by Legislative Decree 78/2010 which provides for the possibility of replacing this declaration with the certificate of conformity issued by a qualified technician.

In this way, it will not be necessary to update the cadastral plan, because it will be the technician who certifies that all legal obligations have been respected.

It is also important to make sure that the deed of sale contains, in addition to the floor plan, also the cadastral data. The latter refers to the energy class of the building, the intended use and the size and distribution of the space of the building (number of rooms, surface area, and volume).

Cadastral and urban planning compliance: what are the differences?

Cadastral compliance is not included in the planning. The reason is simple: the land registry is a tax body and not an urban planning one. This means that paradoxically even a property with building abuse can be compliant if the house is stacked correctly and complies with its floor plan.

The planning compliance, however, confirms the regularity of a property with regard to housing construction licenses issued in the building’s history. This is a very important aspect that must be checked before any construction work and, of course, before proceeding with the sale of the house.

In the case of an urban planning irregularity it is necessary:

  • Proceed with the building amnesty, in cases where this is feasible;
  • Make sure that the cadastral plan is compliant and, if not, update it after remedying the urban abuse.

Non-compliant cadastral plan: consequences

cadastral plan that does not comply with what has been declared may result in the cancellation of the notarial deed and, consequently, of the real estate sale.

This legislative change, introduced on 1 July 2010, has given rise to several problems because in Italy there are many apartments in which cadastral changes have been made without updating the plan.

The main cadastral changes concern:

  • The modification of an apartment, generally following a renovation, with the displacement of partitions (for example for the construction of a new bathroom or other rooms);
  • The merger of real estate units or their splitting;
  • The change of the intended use of the property (for example in the case of the transformation of a shop into a home or vice versa);
  • Extension of the house;
  • The modification of data present in the cadastral registration such as address or name of the owner.

The updating of the cadastral plan must be submitted within 30 days from the end of the works and represents an essential document for obtaining the certificate of viability. The lack of updating of the plan is subject to penalties that lapse only after 5 years.

When it is not necessary to update the cadastral plan

There are cases in which it is not necessary to update the cadastral plan before the sale of the property. As indicated by the Revenue Agency, in the case of slight cadastral changes, updating the floor plan is not essential.

We can catalogue as slight variations all those that do not involve the changes listed in the previous paragraph. To be considered minor, the cadastral changes must not involve changes to the cadastral income of the property. Generally, these are graphic errors or small movements of fixtures or variations in the width of the rooms which, however, do not alter the number.

In all other cases, if the cadastral plan does not comply with what has been declared, it will be necessary to update it before the sale of the property.

The process for requesting a cadastral update is quite simple. Just contact a qualified technician (such as a surveyor, engineer or architect) and present some documents, in particular:

  • Identity document of the owner of the property;
  • Details of the deed of origin;
  • Authorization or communication of the works carried out;

Once the documents and their correctness have been viewed, the technician will activate the DOCFA procedure and will send the updated cadastral plan and the form signed by the owner to the Revenue Agency.

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