What Is an Abuso Edilizio in Italy? Property Checks Before You Buy

Examples can include an extension, veranda, internal change, additional bathroom, converted garage, roof work or other alteration that was not authorised in the required way. The seriousness varies enormously. Some differences are capable of being regularised through the proper technical and municipal procedure; others may be expensive, difficult or not regularisable. A buyer should not diagnose this from photographs or from the seller's assurance that “everyone does it”.

Foreign buyers often hear that a property is “correct at the catasto” and assume that means the building is legally compliant. Cadastral records and municipal planning/building authorisations serve different functions. A plan deposited with the cadastral system may need to match the real state of the property, but that alone does not answer every planning-law question. The qualified technician needs to review the relevant municipal documents and the actual property as part of the due-diligence process.

Use a qualified surveyor, architect, engineer or other competent technical professional who can access the relevant records, inspect the property and compare the authorised documentation with what physically exists. The Italian Revenue Agency itself recommends checking cadastral and mortgage information before buying, and Notariat initiatives have long promoted preventive technical conformity reports comparing the real property, cadastral plan and urban-planning documentation.

The notary is central to the legal validity of the deed and carries out the formal checks required for completion, including the relevant title and registration work. But the notary's role is not the same as a technical inspection of the property. That is why a buyer-protection process separates responsibilities: notary for the formal legal/notarial work; qualified technician for cadastral and planning due diligence; buyer representative for coordination, follow-up and making sure the issues are addressed before the buyer proceeds.

The answer depends on the issue. A minor discrepancy may be fixable by updating documents or completing a regularisation process. A more serious issue may require works, municipal procedures, additional cost or a change to the contract. The buyer should receive a clear answer to three questions: what exactly is wrong; can it be regularised and on what basis; and who will fix it, pay for it and by when? If those answers are not satisfactory, the buyer may need to delay or decide not to proceed.

Once you own the property, an unresolved irregularity becomes your practical problem. It can affect future works, financing, resale and the cost or feasibility of bringing the property into order. The safer approach is to identify the issue before completion and, where possible, before you become unconditionally committed. If the seller is to regularise something, the contractual structure should reflect the required result rather than relying on an informal promise.

Ask the technician to identify the cadastral data and plans, review the relevant municipal planning/building file, inspect the property, compare the documents with the actual state and report any discrepancies. For older or rural properties, additional questions can arise around access, land, outbuildings, services and historic alterations. The output should be understandable to the buyer. “There is a small problem” is not enough: you need the nature of the issue, the proposed solution, expected responsibility and whether it changes the recommendation to proceed.