The problem of the certificate of viability must be addressed from the beginning of the contract by expert and professional staff, in order to avoid disputes at the time of the deed.
The function of the usability certificate is to “certify the existence of conditions of safety, hygiene, health, energy saving of the buildings and systems installed in them, assessed according to current legislation”.
When required:
The certificate of usability, according to article 24 of Presidential Decree 380/2001, must compulsorily be presented in the following:
a) new buildings;
b) complete or partial reconstructions or elevations;
c) interventions on existing buildings that may affect the conditions of safety, hygiene, health, energy saving of the buildings and the systems installed in them, assessed in accordance with current legislation.
Therefore, starting from 06/30/2003, the date of entry into force of the TU on construction, the certificate of usability must be requested by the seller and delivered to the buyer only for new buildings that is, those built after 06/30/2003, or for existing ones for which construction work has been carried out, interventions indicated in letters b) and c) of the 2nd paragraph of the art. 24.
On the other hand, there is no obligation to request and deliver the certificate of usability for old buildings that have not been subject to interventions after the entry into force of Presidential Decree 380/2001 unless this was issued according to previous regulations.
If you have to sell or buy a property that lacks a certificate of usability, as it was due for construction or work after 2003, don’t despair, most likely the problem is only an “administrative” one and one of our experts will be able to carry out all the paperwork to bring you in complete safety at the deed of sale.
It is different if the issue has been denied, because the building was built without the characteristics necessary for the issue of the certificate, a highly improbable hypothesis, given that each building must follow the requirements of the relative building permits issued.
Therefore, if urban planning regularity has been verified and established first, and compliance with all the requirements of the permits issued, the certificate of usability is only a logical consequence. In this case, only the request procedure will have to be made or simply withdraw it (if it has already been requested but never withdrawn).
Therefore, whether you need to buy or sell, we will check all the existing or to be produced documentation.