The ruling by the United Sections of the Italian Supreme Court, filed on March 22, 2019 (number 8230), marks a significant shift in the sale of properties with building irregularities. The core issue addressed is the invalidity of sale deeds if the property with proper authorization but then built differently from what it was authorised, as outlined in Article 46 of DPR No. 380 of 2001 and Articles 17 and 40 of Law No. 47 of 1985.
According to the law, any act involving an illegal object is null and void. For properties, this means any urban irregularities, often referred to as “Abusi.” Nullity implies that the act cannot be corrected, has no legal effect from the start, and is as if it never existed. This principle is absolute and can be raised by anyone with an interest, including the judge on their own initiative.
However, the Supreme Court introduced a surprising interpretative change. It clarified that the nullity of sale deeds does not apply if the deed includes the seller’s declaration with the details of the property’s authorization, provided this authorization is genuine and specifically pertains to that property. Essentially, if the sale contract accurately lists the urban authorization details (such as a building permit, license, or concession), and if this authorization genuinely exists and relates to the property, the contract remains valid despite any discrepancies in the construction compared to the authorization.
This decision opens up new possibilities in real estate transactions, allowing the validity of sale deeds for properties with urban issues. However, buyers still have the right to seek other legal remedies if there are irregularities unless they were previously informed and explicitly accepted these conditions.
In conclusion, the Supreme Court’s ruling on March 22, 2019, has significantly expanded the ability to sell properties with urban planning issues, affirming the validity of sale deeds as long as specific declaration and verification conditions for the authorizations are met.
