The Italian Court of Cassation (ruling no. 27531 of October 15, 2025) on the topic of cadastral compliance in real estate sales deeds.
We would like to inform our clients about an important clarification provided by the Court of Cassation (ruling no. 27531 of October 15, 2025) on the topic of cadastral compliance in real estate sales deeds. What the Court of Cassation has established: The Court has clarified that cadastral compliance is a formal requirement of the notarial deed.
Specifically: a deed of sale is valid if it contains:
– the cadastral identification of the property;
– reference to the cadastral plans;
– a declaration by the seller (or a technician) regarding cadastral compliance; the deed is void only if one of these indications is missing; if the declaration of conformity is present but does not perfectly correspond to the actual state of the property, the sale remains valid.
However, an incorrect declaration may result in liability for the seller, in both both civil and criminal law, even after the deed has been executed.
Please note: cadastral compliance and building compliance are not the same thing.
It is important to distinguish between:
– compliance Land registry, which concerns the correspondence between the property and the data filed with the Land Registry;
– building and urban planning compliance, which concerns the correspondence between the property and the building permits (building permits, concessions, SCIA, etc.).
The ruling concerns only land registry compliance and does not rectify any building irregularities, which may affect the marketability and use of the property.
Why checks remain essential:
Even if the deed may be valid from a notarial perspective, any discrepancies can cause subsequent problems between seller and buyer both on civil and criminal aspect; difficulties may arise in the event of resale, mortgage, or renovation.
For this reason, it is always advisable to carry out preventive technical checks, both land registry and building and urban planning, before proceeding with the purchase or sale.
Our commitment:
Our role as estate agents is to guide clients through a knowledgeable, transparent, and secure sale, providing all the necessary information and suggesting appropriate technical checks to protect both parties. For any clarification or further information, we remain at your disposal.
