Certificato di agibilita

04/26/2011 - 14:25

Prior to buying our little bit of Italy, I insisted on having a certificate of habitation fully signed and sealed. Does this have to be renewed at any point or is it only if I sell sometime in the future? S

Comment

If your house was built prior to 1967 there is no legal need for abitabilità but it remains an option.  Built after 1967 and you need it, at least technically.  Certainly for new houses you cannot sort out your life without it - ie, a new house without abitabilità is not finished, and therefore technically cannot have electricity, water and so on.  You dont need to renew it, once you've got it it's done - but you will need to wave it in front of the notaio when and if you sell, so keep it in a safe place. 

That all makes sense, thanks Ram, I was SORT of under the impression that, when/if the day comes that we were to sell, the rules re abitabilità may have changed during the years that we have had the house? The original part of our house dates back to 1836, but some (understandably) MAJOR changes were undertaken in the last ten years, so when we bought (3+ years ago) there was a newly dated certificato produced for us. S

Le nuove “attenzioni” degli enti locali – Peraltro oggi è sempre più difficile che un notaio acconsenta a fare un atto senza tutte le certificazioni, anche se le parti sono d’accordo. Le Regioni, infatti, in molti casi vietano la registrazione dell’atto se le certificazioni mancano. i Comuni da parte loro, anche a causa delle difficoltà economiche, sono molto più attenti al fenomeno dell’abusivismo edilizio, dato che la mancata certificazione spesso e volentieri equivale ad un’evasione degli oneri di concessione edilizia. Per questo motivo sono anche aumentati i controlli in caso di ristrutturazioni in corso, con l’impossibilità a procedere se l’immobile non è completamente in regola. i think you were wise to insist.. laws are being tightened all the time and as time moves on those that do not conform to this simple piece of legislation will be more and more difficult to put right.. even now with new buidling regulations as regards thermal and insulation properties everything not done yesterday will maybe have to conform to tomorrows standards.. i read so many times or hear of people doing work themselves with no clue ..and toady when they think of selling the property has to be put right.. putting it right after the act will cost you more or result in changes having to be removed.. this can extend from having to replace non registered double glazing..if the kite mark has not been approved by the italian building regulation body to walls without correct air gaps and or width.. comunes earn from rated habitable areas in a building.. those not to norm if seen to be used diffrentley to the purpose they are listed at will eventually all be made to conform.. you had the foresight to sort this out and have your changes registered..wise move..

In reply to by adriatica

adriatica, good to hear your thoughts, and thanks for the support. I think it was more luck than wise..........! As mentioned earlier, I wonder though how often one should (for want of a better word) 'update' it. I have this feeling that maybe in 5 years or so, if we were to sell, someone would say ah-ha............that certificate is out of date............it 's (8) YEARS OLD ? As Ram said earlier, once you have one it is ok and not time related ? S

to my mind if you carry out any work in a building sense then the work as done will then have the latest permits and requirements which can be added to your house file..obviously if shnging a room from a non habitable state to habitable this will be signed off at the end with all latest regs instituted in the work and basically by it being signed off it will mean that it has met all permit requirements.. what no-one can account for and its also making life more difficult for those that approach house buying here with past thoughts of cash deals and false declerations is that a knowledge of Italian property law is maybe less necessary now than ever because it is getting harder for notaries to let acts go throuh that are not meeting all legal requirements.. in a sense not because they are any bettre or more honest.. far from it.. in my opinion.. (very low).. its just the fact that there is little in reallity no profit in it for them if things are not done properly.. the process has been tightened up and should they allow through a slae without it being correctley written up in terms of normal things like the ability to live in it because its a registered legal A type property they will be in trouble.. for no recompense under the table.. i did read and for now i cannot find the article but i recall somethings like 2 millions homes in one of the southern regions not being registered as homes ..  which means a huge loss of icome for the comunes there.. i rave on about federal fiscal legislation and the new laws.. often shot down because everyone said it would not happen whereas in fact even before the law was passed a while back comunes in the central north were already gearing up to the new legislation and the opportunity for income to the local coffers.. its an exceedingly simple and effective way of tax collecting in a country with huge problems of tax levels due to the avoidance percentages.. comunes collect tax based on the amount of habitable space allocated in a property.. in the past people lived in property declared as fram building because they were taking advantage of a law that allowed people with land to live on it and farm it without having to pay taxation.. now they can still do this but they have to prove that they are in truth farmers and that the property even though still regarded as being inhabited by someone that does not have to contribute has the right to live there in that status.. so the whole of italy was photographed and all property mapped and then compared with the paer maps in the catsatso and each sale fronts up any discrepancies resulting in the fact that from the digital images all paper plans have to correspond and any acts are based on new digital records and the notray will not allow an act through should they not because basically he knows when he resiters it that it will be turned back then by the provincial records office.. and that will get him/ her into trouble.. if a place s declared habitable today it will be habitable tomorrow.. but garages with front doors and settees will find their life shortened as who will agree to pay for the fact that they exist in terms of value for a seller at 1000 euro when in reallity their value can only be assigned at maybe a quarter of that and each yer they are left unregistered it will add to a cost as eventually people will not take on the risk and the work of making it right as the required levels of permits go up in a world where energy efficinecy becomes one of the major costs of restoration reconstruction work...

Well done and thanks adriatica, very full and thorough ...........great, we did have some (significant-ish) work done on the property a year after we bought, as part of the project I again requested and received an updated agibilata, complete with latest plans from the Comune. I shall rest !! S