In real estate transactions, the declaration of cadastral compliance is a crucial step. Included in the notarial deed, it confirms that the actual condition of the property matches the cadastral details on record. In practice, it certifies that the property does not differ from the information filed with the Land Registry.
The declaration of cadastral compliance is required for notarial deeds to be valid. If it is missing or incorrect, the deed can be annulled, with potentially serious consequences for the parties involved.
What is cadastral compliance?
Cadastral compliance is the requirement to prove that a property being sold matches exactly what is recorded in the Land Registry. For any deed of sale, the law requires confirmation that the real, physical condition of the property corresponds to the registered cadastral data, in particular:
- the floor plan of the property
- the correct details of the owner, intended use, and cadastral income
The declaration of cadastral compliance can be drawn up either by the property owner or by a qualified technician, and it must be included in the notarial deed for the transaction. For this reason, it is always sensible to check that the information held by the Land Registry is accurate and up to date by carrying out a search beforehand.
When cadastral compliance is required
Cadastral compliance is legally required for notarial deeds that transfer real estate rights, such as property sales. It is also compulsory for donations and other gratuitous transfers of real estate.
Although it is not mandatory in the following situations, the declaration can still be advisable as a precaution in cases such as:
- inheritance divisions, successions, or other notarial deeds that change property ownership
- renovations that alter the floor plan or the intended use of the property
- mortgages or other financing arrangements secured against the property;
- urban planning, regularisations and building amnesties.
It is important to distinguish between cadastral compliance and urban planning compliance, as they are two separate concepts.
- Cadastral compliance relates to whether the property’s physical condition matches the data recorded in the Land Registry.
- Urban planning compliance, on the other hand, concerns whether the building conforms to current planning and building regulations.
Both are essential to ensure a valid and secure real estate transaction.
How to prepare the cadastral compliance declaration
Once it is clear when the declaration is required and for which types of property transactions, the next step is to understand how cadastral compliance is assessed. In practice, the process usually involves the following steps:
- Checking the Land Registry data, sometimes with the support of a notary. This means comparing the cadastral survey details with the property’s actual condition. The floor plan must be examined carefully to ensure it reflects the current layout, including internal walls, the number of rooms, and the intended use.
- If any discrepancies are found, appoint a qualified technician, such as a surveyor, architect, or engineer. They will prepare the DOCFA procedure needed to update the information recorded in the Land Registry.
- Drafting the declaration, which can be prepared either by the property owner or by a qualified technician. A template for the cadastral and urban planning compliance declaration can be used as a working document to gather the necessary information. The final version will then be submitted to the notary and included in the notarial deed.
- Clarifying any outstanding points with the notary before signing the deed. This involves providing inspection reports, updated floor plans, the declaration itself, and any other relevant documents available.
What to do in case of discrepancies
If the cadastral data does not match reality, the consequences can be serious, as compliance is mandatory. The information must therefore be corrected before the real estate transaction can go ahead.
When is a Land Registry update required?
A cadastral update is necessary whenever the property’s current condition differs from what is recorded in the Land Registry. This situation is more common than many people realise and typically arises when:
- internal structural changes have been made, such as removing or building walls to reorganise the layout
- the intended use of the property has changed, for example, from storage space to residential use
- there has been a subdivision or merger of real estate units
- the property has undergone renovation, and you need to obtain cadastral compliance, as all modifications must be registered before any sale or other transaction takes place.
To update the data held by the Land Registry, a qualified technician, such as a surveyor, architect, or engineer, must be appointed. They will submit the cadastral variation through the DOCFA procedure.
What are the consequences of failing to align the Land Registry?
A failure to update the cadastral data — or submitting a false declaration of cadastral compliance — makes the deed of sale null and void, except in cases involving minor discrepancies, which are addressed below.
This can result in several consequences:
- Administrative sanctions for failing to regularise the cadastral position;
- Difficulties when reselling the property, as a non-compliant property is less attractive to buyers and may require costly corrections;
- Legal disputes, for example, if a buyer brings a claim for damages due to defects that were incorrectly declared.
Minor discrepancies, such as small drafting errors in the floor plan, do not automatically invalidate the deed. This applies as long as the discrepancies do not affect the cadastral income or the intended use of the property.
In any case, it is advisable to complete any necessary regularisation before finalising a real estate transaction, in order to reduce the risk of future disputes
How much does land registry compliance cost?
Buying property in Italy comes with lots of additional costs you may not expect. The cost of land registry compliance depends on several factors, including how complex the regularisation process is, the fees charged by the professionals involved, and any additional administrative expenses. There isn’t a fixed price, as each case is slightly different, but the typical ranges are as follows:
- €500 to €1,500 for the fee of a qualified technician. The amount varies depending on whether they are simply preparing the declaration or also handling the DOCFA procedure to update the cadastral records.
- Around €50 in Land Registry fees for each real estate unit that needs to be updated.
- Fines between €1,000 and €8,00 for late submission of required changes. These penalties may be reduced if the situation is promptly regularised.
Costs can increase if more detailed inspections are necessary, such as in cases involving substantial renovations, or if urban planning compliance must also be verified.
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