Technical sales report: what is it? When is it mandatory? How much?

Technical sales report: what is it?  When is it mandatory?  How much?

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The technical sales report is a document that guarantees the urban planning and cadastral compliance of the property for sale.

The document is prepared by an expert technician, such as an engineer, surveyor or architect, who basically proves compliance. The technician ensures that a series of parameters correspond to the state of affairs, ensuring that there is a coincidence between the cadastral documents and the plan of the building.

The compliance document must also contain all the information relating to the object of the sale, constituting a real guarantee for the contracting parties.

What is an integrated technical report? why is it important?

The report, as it is not supported by law, is not a true cadastral compliance declaration, but is a document that states the condition of the property being sold.

Although not mandatory so far, it is a custom legally. The buyer in fact he is always obliged to check the condition of the goods he wants to buy, since after the purchase you will be fully responsible. Therefore, the technical sales report states that there is no abuse and it guarantees the validity of the property.

In fact, what if a house was bought badly and perhaps even unusable? Suffice it to say that according to this eventuality, the property acquired would be worth much less, with the risk of not having the possibility of reselling it.

The sale-purchase relationship also guarantees the protection of the seller against possible defaults by the buyer and affects the valuation of the good in question.

Finally, the relationship has the function of guaranteeing the mortgage, thanks to the checks carried out to ensure that everything is in order, in fact it allows the expert to declare that the property is loanable, a necessary step to proceed with the purchase.

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When is it mandatory?

The technical sales report it is not mandatory throughout Italy, some regions such as Emilia Romagna provide, however, the signing of the document at the time of writing, after a memorandum of understanding, which legally has no binding value. The document is also called how integrated notarial technical reportprecisely because it is recommended by notaries and real estate agents and although it is not mandatory, it is highly recommended as it protects the interests of the seller and the buyer in case of problems.

Read also: “Unauthorized home purchase: responsibility of the real estate agency”;

But be careful, because it effectively protects the parties, it must be drawn up before the pre-contract, at which point the parties agree to formalize the same contract. In fact, he often makes the mistake of not drafting it in time, in doing so he loses his power to guarantee and safeguard the interests of the parties.

What about the technical sales report?

With the document, verify that the property complies with official documents, such as urban compliance, usability and cadastral regularity. The verifying professional is in charge of checking the real state of the property with what appears in the cadastral documents, therefore it assures that the cadastral plan corresponds with the one of the property, also verifies that there is license of works by analyzing authorizations. and that there is a certificate of energy efficiency (APE).

Last but not least, the technician checks that the property is usable. If it is declared unfit for use, the contract of sale is not compromised, but specific information is required.

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What does the technical sales report contain?

The document must contain a series of information, usually there are:

  • The name and details of the person buying and selling
  • Some data of the property, such as cadastral data and address
  • The description of the property
  • The enabling acts, which allow the execution of the works
  • Urban and cadastral compliance with the property being sold
  • A list of certificates related to the plant

Current legislation

Article 1490 of the Civil Code regulates the regulations of the technical sales report, which states that the cadastral data must be recorded in the deed of sale with reference to the cadastral plan and the declaration of conformity to the state of things by the holders in the absence of the latter, there is the penalty of nullity.

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The declaration of conformity may also be drawn up by a qualified technician, who shall issue a technical report. But be careful not to confuse cadastral compliance with town planning and construction, both must exist but represent different concepts.

There cadastral compliance in fact declares that the state of the property at the time of the sale corresponds to the planimetric data, while the works authorized in the building are governed by the document of urban compliance and building, which certifies all subsequent changes to the property.

What happens in case of abuse in construction? In the event that the seller has made a false statement, some consequences follow. First, if there is no correspondence with respect to the cadastre, we go to the nullity of the actsince according to the jurisprudence in this case one of the essential elements of the own act would be missing, that by the falsity would derive in defects since it would harm the legitimate interest.

If, on the other hand, urban and constructive regularity were lacking, we would be faced with a building abuse, considered a crime. In the event of irregularities, not all abuses can be rectified, with the risk of even demolishing the property.

In any case, a property is declared non-compliant when

  • completely abusive;
  • when undeclared changes are made;

If the building is built without permission, it is illegal. In this case, there are two options: apply for an amnesty or an amnesty works license. The building is also illegal when interior modifications are made without declaring them, for example the construction of irregular attics or changes to bathrooms. In this case, it is advisable to send a communication to the municipality of residence, which takes note of the work done.

However, it is advisable not to resort to those who offer these services at low prices. The technical work aimed at verifying all its compliance constitutes a precision service, which requires time, competence and consequently adequate remuneration. Also note that if the technicians are covered by insurance, the buyer could be sued for construction abuse and will face an unpleasant criminal trial.

In recent years, many buyers have been faced with properties that had numerous construction problems and discrepancies, becoming aware of them only after purchase. For this reason, the technical report can be configured as a real preparatory practice, which avoids any risk of getting your hands on the portfolio in the future.

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Who prepares the technical sales report?

In a simple notarial deed, it is the seller himself who, when signing the contract, declares under his responsibility and guarantees on the good. The seller guarantees the property, stating that it is in possession of a regular building permit and that in its possession the property has not undergone any modification.

In this case it must be borne in mind that the seller could also lie consciously and therefore be in bad faith, or declare in good faith without knowing the false.

That is why it is important to take the preventive measure of drawing up a technical report, consulting an architect, engineer or surveyor who can verify its veracity.

How much does the technical sales report cost?

Estimating an accurate cost for the compliance report is not always easy, firstly because it depends on the professional in charge of drafting it, secondly you may need other documents in addition to the ones you already have in your power, and these also have theirs. cost.

Therefore, the price may vary according to needs. On average, an integrated technical report costs between 300 and 1000 euros.

However, it is good to consider the different advantages of a technical sales relationship, thanks to it in fact:

  • the risks of nullity of the act are avoided
  • you have the guarantee that the property meets
  • criminal liability is avoided with the risk of committing a crime
  • sanctions and damages are avoided

Non-declaration could lead to substantial costs in the event of problems arising after the purchase. Legal and criminal costs are always very high, a tip is to seek advice from a competent technician before the notarial deed, to find out how much to pay to receive your report.

In conclusion, buying and selling a property always represents an important and delicate moment.

The legislative issue in this regard may seem complex, but in order for the operation to be concluded in the best possible way, we do not forget to seek the opinion of an expert. It is important to first contact a specialist technician who can investigate the condition of the building and who will accompany you step by step explaining what to do and how to do it. Only in this way can you be sure not to be surprised after the purchase.

Author: Andrea Dicanto

Author Andrea Dicanto
Passionate designer expert in the field ofBuildings, Construction and Furniture. Since I was little I have always studied and analyzed problems ranging from questions static of buildings and constructions to the best way of design and equip interior spaceswith a nod to new technologies especially in the field seismic.

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