Before signing the final deed of sale, the vendor is obliged to
release a certain number of documents, some of which are mandatory
for a successful completion.
One of these documents is the so called "Certificato di
Agibilità" (certificate of use and occupancy). Whilst
in case other documents are missing the Notary cannot allow the
parties to complete, if this document is missing the parties can
still complete and register the final deed of sale. The Notary will
possibly just write in the final deed of sale (Contratto di
Compravendita) that the "Certificato di
Agibilità"(certificate of use and occupancy) is
just missing. The completion will be valid!
However there are some implication in case you do not have this
kind of certificate. The "Certificato di
Agibilità" is a document attesting the existence of the
safety, hygiene, health and energy conservation of a property.
Without this document then, you cannot have the certainties
In case you have not carried out a survey before your purchase
and such a certificate is not released from the vendor, your lawyer
might give you some advice or suggestion on the best way to
In any case what you need to know at this stage is that even
without this certificate the Notary will not stop the completion to
The most important news regarding this matter is that
the High Court has recently stated that the purchaser can
refuse to sign the final deed of sale if the certificate
of use and occupancy (Certificato di Agibilità) is missing.
This important decision has a significant consequence. The
purchaser in fact can refuse to complete by not incur in any
responsibility for non-fulfillment of the contract. Therefore the
Vendor cannot accuse the purchaser by keeping the deposit that the
purchaser has possibly already transferred to him.
Moreover it needs to be stressed that, given the failure of the
seller to produce the documents required, the buyer can still
demand performance if he is still interested to buy the property.
Alternatively he can ask for the termination of the contract. In
any case, he can claim compensation for damages suffered due to the
breach of contractual obligations.
In addition, our real estate lawyers team offers legal advice
and representation for developers and property managers in all
areas involving land use and zoning, environmental litigation and
due diligence and homeowner association law.
Boccadutri is your complete commercial and residential
real estate law firm serving individuals and business property
owners throughout Italy. Let our real estate
lawyersteam make sure you
can move ahead with your transaction with confidence.
If you need to have some more information do not hesitate to
contact our real estate lawyers in Italy.
Back in Issue 05 of IQ, we examined the decision in Yam Seng PTE Ltd v International Trade Corporation Ltd and looked at whether a general obligation of good faith could be implied into contracts made in accordance with English law.
Ian Mitchell, a partner in the Anthony Gold leasehold services team, answers why investors like to buy freehold properties.
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