A property cannot be sold, donated or divided if its plan differs from the current status.
The law provides that public deeds or notarised private deeds between living persons concerning the transfer, constitution or dissolution of property rights over existing buildings must, in the case of urban real estate units, indicate the cadastral and planimetric data as well as a specific declaration made by the owners, under penalty of nullity of the same deeds.
In simple words, a contract of sale, donation or deed of division of a property, in order to be valid, must necessarily contain the cadastral identification of the building, reference to the plans filed with the land registry and the declaration, made by the owners, of the conformity of the cadastral data and plans with the current status of the building.
Said declaration may be replaced by a certificate of conformity issued by a qualified technician. Prior to the conclusion of the aforementioned deeds, it is the notary’s responsibility to verify the plan conformity with the results of the land registers.
If there is no correspondence between the current status of the building and its graphic representation deposited in the land registry and the discrepancy is significant, a trusted technician (engineer, architect, surveyor) must be instructed to draw up the file for updating the plan at the offices of the competent Revenue Agency.
If, prior to the conclusion of a notarial deed of sale, donation or division of a property, it is ascertained that the current state of the building does not correspond to the plan, a distinction must be made according to the type of discrepancy, whether it is minor or not.
In the first case, i.e. when the variation can be assimilated to a simple graphic discrepancy that, moreover, has not entailed any change in the number of rooms, a change in the intended use or any change in the cadastral income, the appointed technician may avoid updating the plan and draw up a statement in which he certifies the correspondence between the current status of the building and the cadastral data, thus releasing the notary and the seller from any liability.
If, on the other hand, the plan does not correspond to the current status of the building due to a significant discrepancy, the qualified technician must submit a new cadastral plan.