Did you know you can sell a house even without an Habitability certificate? Yes, the property is still legally sellable, but not having this document can affect its value and, in some cases, impact mortgages or building-related procedures. While banks may not make a distinction, in practice an old certificate isn’t always a guarantee: if it’s 40 years old, for example, it only confirms that the systems were up to code at the time—it doesn’t mean they still are today.
Occupancy, Habitability, and the SCA: How Things Have Changed
We often use the terms occupancy certificate and habitability certificate interchangeably because they essentially mean the same thing: a document that certifies a building is suitable to be lived in. Over the years, the name has changed, but the purpose remains the same.
Before 2001:
- Habitability certificate for residential properties
- Occupancy certificate for commercial (non-residential) properties
From the 2001 Building Code onward:
- All properties, regardless of type, fall under the occupancy certificate requirement
Under Legislative Decree 222/2016:
- The occupancy certificate was replaced by the Certified Occupancy Declaration (SCA), issued by a licensed professional confirming the property’s compliance.
- The SCA covers: safety, hygiene, health standards, energy efficiency, building systems, structural testing certificates, cadastral registration, and compliance declarations for installations.
- Today, obtaining an occupancy certificate also requires urban planning compliance, which wasn’t always mandatory 40 years ago.
How the Process Works
Once submitted, the relevant office has 30 days to review the documents and request any additions or clarifications. If they don’t respond within this timeframe, silence is considered approval.
Why It Matters
- A property can be sold without an occupancy certificate, but the buyer must obtain it after purchase.
- Lack of an occupancy certificate can reduce the property’s value.
- In some cases, banks or authorities may require it for mortgages or building procedures.
- Old certificates don’t always guarantee current compliance or functioning systems, even if banks don’t make a distinction for mortgage purposes.
In short, knowing the occupancy status of a property is crucial for both sellers and buyers because it can affect the property’s value, administrative processes, and overall safety.
