Published on | 10/01/2026

Legal Building Status and Cadastral Compliance: Essential Checks Before Buying or Selling Property in Italy

Buying or selling a property is a significant decision that requires careful consideration not only of financial and contractual aspects but also of the technical and legal compliance of the building.
An updated cadastral floor plan does not necessarily guarantee that a property complies with the building permits and authorizations issued over time.

BEFORE COMPLETION: WHAT SHOULD BE CHECKED?
A secure property transaction also depends on the consistency of three essential elements:
• Actual Property Condition: the physical configuration of the property, verified through a technical survey;
• Building and Planning Compliance: the conformity of the property with approved building permits and any subsequent authorized modifications;
• Cadastral Compliance: the consistency between the property and the information registered with the Italian Revenue Agency (Agenzia delle Entrate).
These three aspects must be assessed together, as discrepancies may lead to legal complications, financing difficulties, or unexpected costs.

CADASTRAL RECORDS DO NOT GUARANTEE BUILDING COMPLIANCE
One of the most common misconceptions is assuming that a cadastral floor plan proves the legal status of a property.
In Italy, cadastral records primarily serve identification and taxation purposes and do not replace building permits or planning authorizations.
An apartment may therefore be accurately represented in its cadastral documentation while still containing internal alterations or extensions that were never properly authorized.
For this reason, it is essential to establish the property´s legitimate building status (stato legittimo), as defined by Article 9-bis of Italian Presidential Decree No. 380/2001.

WHICH DISCREPANCIES CAN CAUSE PROBLEMS?
Preliminary technical inspections may reveal different types of irregularities:
• Internal layout changes without adequate supporting documentation;
• Extensions or alterations carried out without the required building permits;
• Outdated cadastral floor plans;
• Inconsistencies in floor areas, property configuration, or room use;
• Construction work completed over time without a complete record of authorizations.
Not all discrepancies have the same legal or technical significance.
Some may require a straightforward cadastral update, while others may involve planning investigations or building regularization procedures, where permitted by law.

LEGAL REQUIREMENTS FOR PROPERTY TRANSACTIONS
Article 19 of Italian Decree-Law No. 78/2010, converted into Law No. 122/2010, introduced specific cadastral compliance requirements for property transactions.
These include verification of cadastral identification details, references to registered floor plans, and their correspondence with the actual property condition, according to applicable regulations.
Where permitted, the cadastral compliance declaration may be replaced by a technical certification issued by a qualified professional.
However, cadastral compliance should not be confused with full urban planning and building compliance.

WHY IS A PRELIMINARY TECHNICAL ASSESSMENT IMPORTANT?
Conducting technical checks before entering into binding contractual commitments helps identify potential issues and assess their consequences.
A comprehensive property technical due diligence assessment may include:
• On-site inspection and measurement of the property;
• Review of municipal building and planning records;
• Reconstruction of the property´s building permit history;
• Comparison between approved drawings and existing conditions;
• Verification of cadastral plans and registered property data;
• Identification of any necessary corrective or regularization measures.
These investigations allow buyers and sellers to negotiate with greater confidence while reducing the risk of disputes, delays, and unforeseen expenses.

AN INVESTMENT IN A SECURE PROPERTY TRANSACTION
Preliminary technical verification should not be regarded merely as an administrative requirement, but as an important safeguard for everyone involved.
For buyers, it provides a clearer understanding of the property´s actual legal and technical condition.
For sellers, it helps establish a more transparent transaction supported by reliable documentation.
CONCLUSIONS
A secure property transaction begins long before the final deed of sale is signed.
Understanding the property´s planning, building, and cadastral status helps prevent complications, protect investment value, and support informed decisions.
Engaging qualified professionals for a preliminary technical assessment is therefore a strategic choice for anyone wishing to buy or sell property with greater confidence.

ARE YOU BUYING OR SELLING A PROPERTY IN ITALY?
A preliminary technical assessment can help identify potential compliance issues before entering into contractual commitments.
Contact DES&CON for a professional evaluation of your property´s building, planning, and cadastral compliance.