Cadastral and Planning Compliance When Buying Property in Italy

Cadastral and Planning Compliance When Buying Property in Italy

Before you buy a house in Italy, three things should tell the same story: the building as it actually stands, its record in the land registry (catasto), and the permits held by the comune. When they agree, the sale is straightforward. When they do not, the result can be a delayed deed, a refused mortgage, or a bill for putting things right that lands on the new owner.

This guide covers the technical checks on the house itself. For who does them, see our guide to English-speaking geometri; for the full process, our buying hub.

This guide explains the two kinds of compliance, what the law actually requires at the deed, and what can be fixed. It was checked in October 2026, including the 2024 Salva Casa reform. It is general information, not legal advice; your geometra and notary will apply it to the house you want.

What cadastral compliance means

The catasto, run by the Agenzia delle Entrate, records each property’s plan (planimetria), category and cadastral income, which is used for property taxes. It is a tax register, not proof that the building is legal.

Since 2010 (Article 19, paragraph 14 of Decree-Law 78/2010, converted by Law 122/2010), a deed transferring a building must identify it in the catasto, refer to the filed plans, and include the owners’ declaration that the cadastral data and plans match the actual state of the property. Without it, the deed is void. In practice, a geometra checks the plan against the house before the deed and files an update (variazione catastale) if needed. Small internal differences are common and usually quick to fix.

Planning and building compliance

Planning compliance (conformità urbanistica ed edilizia) means the building matches the permits issued by the comune, under the Consolidated Building Act (DPR 380/2001). The type of permit has changed over time:

  • building license (licenza edilizia) from Law 1150 of 1942, required only in built-up areas until 1967;
  • building license for all new construction from 1 September 1967 (Law 765/1967);
  • building concession (concessione edilizia) from 1977;
  • building permit (permesso di costruire) from 30 June 2003, with lighter procedures (SCIA, CILA) for smaller works.

Three building amnesties (condoni), in 1985, 1994 and 2003, allowed many unauthorized works to be legalized. For older buildings, the first cadastral plan, often from 1939-1940, or other historic records are used to establish the original state.

What the deed requires, and what it does not

For buildings, the deed must state the details of the building permits, or, for construction started before 1 September 1967, a declaration to that effect. In 2019 Italy’s Supreme Court (Sezioni Unite, ruling 8230) clarified that the sale is void only if the permit is missing or does not refer to that building. If a real permit is cited, the deed is valid even when the building differs from it.

That is not good news for buyers. The sale goes through, but the differences come with the house: the new owner inherits the problem, may struggle to get a mortgage or a renovation permit, and will have to resolve it before selling. That is why the check belongs before the offer, not after.

To check, a geometra requests the permit files from the comune’s building office, such as Lecce’s Ufficio Tecnico, and compares the approved drawings with the building on site.

Fixing what does not match

Construction tolerances

The 2024 Salva Casa decree (Decree-Law 69/2024, converted by Law 105/2024) widened the tolerances for small differences. For works completed before 24 May 2024, discrepancies of 2% to 6% in measurements, depending on the size of the unit, are not violations, and a technician’s sworn statement is enough. The Ministry of Infrastructure’s guidelines on Salva Casa set out the details.

Minor works without the right paperwork

Internal works that needed a CILA (a certified notice of works) but were done without one can be regularized with a late CILA: the fine is €1,000 if the work is finished, or €333.33 if it is filed while work is still under way.

Larger differences

Works that needed a permit or a SCIA can sometimes be legalized after the event (sanatoria), if they comply with planning rules. Salva Casa introduced a separate route (Article 36-bis of DPR 380/2001) for partial differences, with fines linked to the value of the work. Works in protected areas, or that break planning rules outright, may not be legalizable at all and can lead to a demolition order.

A veranda closed in with glass, a window widened, a partition wall moved: these are the usual suspects in older Salento houses. Some fall within tolerance, some need a late CILA, a few need more. Only a technical check tells you which.

Before you make an offer

Ask for the cadastral plan and the permit history early, and have an independent geometra compare both with the house. If there are differences, agree in the preliminary contract who fixes them, at whose cost and by when. Our guides to buying a home in Puglia and working with agents cover the rest of the process.

Related guides on our site cover habitability certificates for rentals.

Compliance FAQ

What is conformità catastale?

It means the cadastral data and plan filed with the Agenzia delle Entrate’s land registry match the property as it stands. Since 2010 the deed must include the owners’ declaration that they match, or the deed is void.

Who checks it before the deed?

In practice, a geometra compares the cadastral plan with the house and files an update (variazione catastale) if needed. The notary drafts the deed but does not inspect the property.

Can a sale go ahead if the building differs from its permit?

Often, yes. In 2019 the Supreme Court (Sezioni Unite, ruling 8230) held that the sale is void only if the permit is missing or does not refer to that building. The differences then pass to the new owner, which is why the check belongs before the offer.

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