Anyone looking to sell or buy a property should know that there is a key document proving the property was built in accordance with planning regulations: planning permission. Without it, you cannot confirm that the property was legally constructed, and the sale cannot be completed.
What is planning permission?
Planning permission is the authorisation granted by the local council that certifies the legality of a property’s construction. It shows that the building was constructed with proper approval and complies with the planning regulations in force at the time.
This document is essential during both the sale and purchase stages, as it protects both parties from legal or regulatory issues.
How the system has changed
Article 31 of the Urban Planning Law of August 17, 1942, No. 1150, introduces the requirement to request a permit from the mayor for anyone intending to construct new buildings, expand, modify, or demolish existing buildings, or carry out urban development works within the residential center (now called the historic center or matrix) and in the surrounding expansion areas.
The application of this regulation is linked to the adoption by individual municipalities of municipal master plans and the control of building activity.
Since not all municipalities adopted a master plan at the same time, to determine whether a property without a building permit is illegal, it is necessary to check the year the municipal master plan was adopted.
Subsequently, with Law No. 765 of August 6, 1967, the building permit requirement was extended to the entire municipal territory, including areas outside the town center.
How to check planning permission for your property
Italian building regulations have changed several times over the years. Knowing the date of construction of the property is therefore essential to understanding which permit to seek.
Article 31 of Law No. 1150 of August 17, 1942, requires to request a specific permit from the mayor to anyone intending to construct new buildings, expand, modify, or demolish existing buildings, or carry out land development works within the municipal territory, considered to be a residential area, and in expansion zones outside the town center.
Until 1967, a building permit was required only in residential areas of municipalities that had adopted a General Planning Scheme (PRG) pursuant to Law 1150 of 1942. In rural, coastal, or mountainous areas where the PRG did not regulate, no formal building permit was required.
In the absence of a building permit, the cadastral plan filed before the adoption of the master plan in residential areas is considered valid, or filed before 1967 if the building is in rural or coastal areas (areas outside residential areas). Alternatively, if the plan is missing, a sworn appraisal by a qualified technician certifying the date of construction of the house is required.
Since 1967: the building permit has become mandatory throughout the country.
Since 1977: the building permit has been replaced by the building permit.
Since 2003: the building permit has been replaced by the building permit, which is still in force.
To correctly identify the building permit, you must follow a few steps:
Check the year of construction of the property.
Check whether, at that time, the Municipality had a General Master Plan.
If the house was built before 1942 or before 1967. Verify whether the house is within the historic center or in an external area that was previously outside the city center. Verify the presence of a cadastral plan and its year. Alternatively, if there is no cadastral plan, contact a technician for a sworn appraisal.
For more recent properties, simply request a copy of the building permit directly from the Municipality’s technical office.
Why use a real estate agency?
Navigating planning regulations and property records can be complicated. Rules have changed over time, and it isn’t always obvious whether a property fully complies.That’s why it’s wise to work with a qualified real estate agency. We check planning permission, building records, and other documentation before a property goes on the market. Our agency carries out these checks for every property, ensuring full transparency and peace of mind for both buyers and sellers.
It may seem counter-intuitive, but this practice protects the seller, because if it’s difficult to find the documents, you have time. If there are any problems, you can plan ahead and resolve them. This way, you can reach the deed with peace of mind and avoid the risk of losing the buyer or finding yourself in trouble later.
Contact us today to arrange an appointment, we’ll help you confirm your home’s planning compliance and guide you safely through the sale or purchase process.