It seems absurd, right?
Yet, it happens much more often than you might think!
People who have bought or sold a house in the past often show up at our real estate agency, without ever really checking whether everything is in order from a planning perspective.
Times have changed, and nowadays, every notary writes a very clear sentence in the deed:
“The parties declare that they have been informed of the need to have a technician verify the building’s compliance with building and land registry regulations.”
In other words: trust isn’t enough; certainty is needed.
For this reason, all notaries recommend obtaining an appraisal or certification of legitimacy from a technician before the sale. It’s a safety net for both parties:
– for the seller, who demonstrates they’re offering a legally compliant property and can sleep soundly after the sale;
– for the buyer, who knows exactly what they’re buying.
– Having everything in order means speeding up the negotiation, avoiding litigation, and increasing trust between the parties.
What is the Certificate of Legitimate Status?
A technical document, drawn up by a licensed professional: a surveyor, architect, or engineer, who inspects the property and verifies whether it is built exactly as it appears in the municipal documents.
The technician compares what actually exists with what has been authorized: building permits, renovations, and changes over time.
– If everything matches, the property is legitimate.
– If something isn’t right, the technician discovers it before it becomes a legal or financial problem.
A notary doesn’t do this.
Only a technician can assume that responsibility, and they do so with a sworn declaration, that is, under their own professional responsibility. It’s a job that requires technical expertise, not a simple formality.
What if the house is vintage or the documents are missing?
This is where the most fascinating part of the technical work comes in.
If the house is very old, perhaps built before modern building permits existed, the professional becomes a historian. He digs into archives, consults cadastral maps, historical photos, and municipal documents, and reconstructs the property’s history.
He puts together the puzzle until he understands whether the building complies with the current urban planning regulations.
In practice, he transforms the memory of that house into legal certainty.
When to do it
Even though it’s not required by law, requesting a certificate is strongly recommended in three cases:
when buying or selling a property,
when donating a house,
or when applying for a mortgage.
How much does it cost and who pays?
The average cost? Around €500 for a simple appraisal, varying depending on the complexity and size of the property.
It’s a technical fee, not a notary fee, and is usually paid by the seller, although the parties can agree otherwise. But think about it: a €500 inspection can avoid thousands of euros in future problems.
As they say… the more you spend, the better.
Each professional has his own role.
In the world of real estate sales, no one person can replace anyone else:
– the notary guarantees the legality of the deed;
– the technician certifies the property’s legitimacy;
– the real estate agent coordinates, mediates, and market the property.
When everyone does their job, the system works, and that’s why Italy has one of the safest real estate markets in Europe.
