You are on page 1of 3

DUE DILIGENCE AND DOCUMENTS FOR THE

PURCHASE
Before the execution of the Compromesso and
undoubtedly before the execution of the Final
Deed its advisable that the buyer checks with
his/her personal attorney a substantial number of
documents related to the property that is being
purchased.
The amount and complexity of such
documentation will depend on several factors and
the type of real estate that is being purchased. Said documentation is, in most cases, difficult to
obtain as various documents are issued by different administrative offices and agencies and
difficult to be interpreted without the technical assistance of an attorney.
Generally, documentation to be reviewed by the purchasing party is:
1. The Property Deed (Titolo di Propiet e/o di Provenienza)
This document confirms the ownership of the property and the sellers title, and includes any
limitations, restrictions, easements, mortgages etc. negatively affecting the property. Particular
attention should be paid when the purchaser buys a property that the seller received by
inheritance or gift.
2. Certificate of Urban Destination (Certificato di Destinazione Urbanistica)
This document must be attached to any deeds transferring property rights on non-built lands.
This document shows the buyer the legal destination of the specific parcel of land that is being
purchased according to the Urban Master Plan (Piano Regolatore Urbanisitco). This certificate
must be obtained by the seller from the Italian municipality where the land is located
3. Authorization for Division into Lots (Autorizzazione alla Lottizzazione)

According to the Italian law it is invalid any purchase of parcel of land when the purchase is not
accompanied by specific authorization for residential division into lots.
4. Town-planning Conformity (Liceit Urbanistica)
In case the construction was built before 1967, it is necessary to make express reference on the
contract to the essential terms and conditions of the authorization (i.e. construction/building
license).
5. Certificate of Indemnity (Concessione in Sanatoria)
This document regularizes any construction works or renovation works performed on the
property without the required administrative permits, authorizations and permits.
6. Certificate of Habitability (Certificato di Agibilit)
This document is issued by the municipality where the property is located and certifies the
presence of safety, health and energetic efficiency conditions of the property.
7. Preemptive Rights (Diritti di Prelazione)
Italian real estate properties of artistic and historic value are subject to the preemptive rights of
the Italian Ministry of Cultural Heritage and Cultural Activities (Ministero per i Beni e le
Attivit Culturali). Therefore, the owner of this type of properties is legally required to inform
in advance the local office of the Ministry of any transfer of those type of properties to other
individuals.
8. Cadastral documentation (Documentazione Catastale)

The Italian Catasto is the local office which holds documentation regarding all properties
located under its jurisdiction. Specifically, this office issues certificates of ownership and
documentation regarding third parties rights on the property. Prior to the execution of any deed
of purchase of Italian property it is advisable to conduct a proper search on the cadastral
registries of the property and its current and previous owners as well as its compliance to
cadastral laws and regulations. Furthermore, it is highly advisable to obtain the property
cadastral map (Mappa Catastale) and compare it with the actual structure of the property to
make sure there are no discrepancies. In case of non-conformity, a declaration of variation
(Denuncia di Variazione) will need to be filed to obtain the regularization of the status of the
property.
9. Condominium Regulations (Regolamenti Condominiali)
Each condominium complex has its own internal regulation that regulates the use and the
benefits of the common parts of the building as well as the rights and duties of the residents.
10. Administrative D>ocumentation (Documentazione tecnico-amministrativa, sicurezza degli
impianti, dei cantieri e barrier architetoniche)
All buildings built after 1996, for safety purposes, need to be accompanied by a building file
(Fascicolo del Fabbricato). In addition, properties built after 1990 need to be accompanied by
conformity certificates. Finally, properties built after 1989 need to be accompanied by a
certificate attesting the level of accessibility, visibility and adaptability of the property.
11. Environmental certifications
The property needs to be in compliance with Italian environmental laws and regulations issued
for public safety.

Check this article at http://italianrealestatelawyers.com/learn/due-diligence-and-documents-for-thepurchase/