FAQ — Ask the Expert

A planning compliance check is a technical assessment that verifies whether a property was built and modified in accordance with the building permits issued by the Municipality. It confirms whether the authorised condition matches the property’s actual current state.

It is strongly recommended before buying, selling, renovating or gifting a property. The check helps identify any building irregularities that could affect the validity of the sale deed or require regularisation.

Planning compliance concerns whether the property matches the building permits authorised by the Municipality. Cadastral compliance, on the other hand, checks that the floor plan filed with the Land Registry correctly represents the property’s condition. Both must be checked to ensure the property is fully in order.

The check includes accessing municipal records, analysing the filed plans, a technical site visit, a property survey and a comparison between the authorised documentation and the actual condition. A technical report with the findings is then prepared.

The legitimate status is the property’s duly authorised building condition, reconstructed from the building permits issued over time and the documentation held by the Municipality. It serves as the reference point for identifying any irregularities.

Irregularities are assessed on a case-by-case basis to determine whether they can be regularised through a retrospective building permit (sanatoria) or whether other action is required. Technical consultancy helps identify the most suitable solution in compliance with current regulations.

In some cases, yes, but irregularities can create problems during the sale, affect the property’s value and require regularisation before the notarial deed is signed. A preventive check is always advisable.

The check must be carried out by a licensed professional, such as an engineer, architect or surveyor, with expertise in planning, building and cadastral matters.

Generally, the building permits issued by the Municipality, design drawings, cadastral floor plans, any subsequent filings and any other document useful for reconstructing the property’s history are examined.

The timeframe mainly depends on how long it takes to obtain the municipal documentation and on the complexity of the property. Once the records have been obtained, the site visit and checks are scheduled promptly.

Yes. The site visit is essential to compare the property’s actual condition with the planning and cadastral documentation and to check for any irregularities.

The check can be carried out on flats, single-family homes, apartment buildings, commercial properties, industrial warehouses, offices and any other type of property.

The notary plays an essential role in a property sale, but does not carry out a technical assessment of the property’s planning compliance. Their task is to verify the formal validity of the documentation and collect the declarations required by law, without conducting site visits or comparing the actual condition with the plans filed with the Municipality. Checking planning compliance and legitimate status is a technical activity that must be carried out by a licensed professional, such as an engineer, architect or surveyor. Through access to municipal records, analysis of building permits, a property survey and comparison with the actual condition, the professional can identify any building or cadastral irregularities. Carrying out a technical check before the notarial deed helps avoid delays in the sale, requests for regularisation, disputes between the parties and unexpected costs. For this reason, it is an increasingly common step requested by both buyers and sellers.

Knowing the property’s legitimate status makes it possible to design the works in compliance with building regulations, avoiding work stoppages, requests for additional documentation or problems during construction.

CILA (Asseverated Notice of Commencement of Works) is used for extraordinary maintenance works that do not affect the structural parts of the building. SCIA (Certified Notice of Commencement of Activity) is required for more significant works, such as structural changes or changes of use in the cases provided for by law. A Building Permit is required for new construction, extensions or more significant planning transformations. The professional identifies the correct type of permit based on the works to be carried out.

A sanatoria is necessary when works have been carried out without the required building permit, or not in accordance with the permit granted. Before proceeding, it is essential to check whether the works can actually be regularised under current regulations.

No. Not all works can be regularised. Whether a sanatoria is possible depends on the applicable planning regulations, the type of works carried out and whether the legal requirements are met. A technical assessment is essential to evaluate whether regularisation is feasible.

Timeframes vary depending on the type of works, the documentation available and the procedures followed by the relevant Municipality. Properly preparing the application and having complete documentation generally helps reduce processing times.

No, whenever the law requires a building permit. Carrying out works without the necessary authorisation can lead to administrative penalties, orders to restore the property to its original condition and, in more serious cases, criminal consequences.

No. The Land Registry serves tax purposes and does not authorise the execution of works. Even if a property is correctly registered with the Land Registry, it may still not be compliant from a planning perspective. For this reason, it is important to always distinguish between cadastral regularity and building compliance.