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IN WHAT DOCUMENTS DO I NEED TO BUY AND SELL?

  • 03/06/2022
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Buying and selling a property is a process requiring an understanding of all the steps necessary for a successful conclusion.
A professional broker guides the client through all stages of the transaction and is available to solve any problems arising along the way.
Collecting the documentation on the parties involved and the property to be sold is the first step.
Let's see, in detail, what documents we need.

THE REQUIRED DOCUMENTS

Here are the documents required to sell the property:

* deed of provenance (purchase; donation, inheritance; court transfer decree);
* proxy to sell, if any;
* updated hypo-cadastral survey;
* rasterised floor plan;
* building title authorising the construction of the real estate unit and subsequent building interventions (building permit, SCIA in substitution of building permit, amnesty, condonation, CILA, SCIA);
* APE, Energy Performance Certificate (in the absence of which it is necessary to hire a technician to draw it up);
* certificate of compliance with safety standards;
* certification of installations (compulsory only in the case of new buildings);
* legal status of the property (only if present);
* condominium regulations (mandatory if the number of owners is greater than 10);
* millesimal tables;
* building dossier (only if present);
* condominium release attesting the payment of all charges by the seller;
* minutes of the last two condominium meetings, to verify the possible resolution of works affecting the entire building;
* any mortgage deed on the property;
* extract from the lending bank certifying the remaining instalments.

Already during the drafting of the preliminary contract, the notary will verify the congruence of the deed with the accepted proposal, duly registered within 20 days of acceptance.


THE BUILDING TITLE AND THE PRE-'67 DECLARATION

Law 765/1967 (the so-called 'Bridge Law') introduced the obligation for all buildings, located in any area of the national territory, to have a building title.
This obligation does not apply to buildings begun before 1 September 1967, the date on which the law came into force.
This is why in notarial deeds, among the declarations of the selling party, one often finds the wording 'that the construction of the building was begun before 1 September 1967'.
One must, however, be very careful: regardless of whether the construction of the building began before 1 September 1967, the building permit is in any case necessary in municipalities where the General Building Regulations (RGE) already required it even before the Ponte Law came into force.
For the city of Rome, for example, the General Building Regulations date back to 1934 (Resolution 5261/1934): therefore, for buildings located in Rome, it is irrelevant whether construction began before 1 September 1967, and it is necessary for the building to have a building permit. It is therefore always necessary to check whether in the municipality where the property is located there was already in force, before 1 September 1967, a RGE requiring the need for a building title.

DOCUMENTS TO BE ATTACHED TO THE DEED

Before preparing the deed, the notary verifies whether mediation has taken place; if so, he must mention this in the deed, indicating the details of the broker.
The purchaser must produce the bank transfer receipts and photocopies of the cheques paid to the mediator as commission, and to the purchaser as a deposit or down payment on the price at the conclusion of the preliminary agreement.
The original documents to be enclosed with the deed are:

* the marriage certificate;
* the extract from the marriage certificate showing the family property regime;
* the dead's death certificate, if the deed of provenance is an inheritance;
* the deed of acceptance of inheritance;
* the authorisation of the tutelary judge (if the seller or buyer is a minor);
* the Energy Performance Certificate, with the signature and identity document of the qualified professional, as well as the receipt for sending it to the competent Region;
* the condominium release attesting the payment of all charges by the seller.

Pursuant to Law Decree 63/2013, failure to attach the Energy Performance Certificate involves the nullity of the deed of sale.

The documentation required for buying and selling is quite substantial. A well-prepared and prudent broker will ensure, even before the preliminary contract is drawn up, that the documentation is complete.
If not, he supports the client in completing the documentation in order to avoid bad surprises at the time of the deed but also after the deed has been signed.


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