When choosing a property to buy, it is not sufficient checking the materials, the location, the distribution of the premises, but it is necessary to also take the time to check the documentation that proves compliance with the town planning, cadastral and hygiene and safety standards.
In this context, a simple act that apparently can be defined as “bureaucratic”, such as the habitability certificate, can play a decisive role in the choice of a residential building, so as to question its saleability and void the contract.
Each building for residential use, in fact, must be equipped with a certificate of viability which, according to the Ministerial Decree of 05.07.1975, guarantees compliance with the minimum dimensional and technological parameters necessary for residential use of the property.
This is the only way to ensure that the building you are about to buy has been built in compliance with the minimum legal requirements.
The minimum parameters to be respected for the property to be classified for residential use and to obtain a certificate of habitability are:
- Average weight height 2.70m (2.40 for corridors or under mezzanines).
Minimum size for studios for one person 28m² (toilet included).
Minimum size for studios for two people 38m² (toilet included).
Minimum lighting ratio for each room 1/8 of the floor area.
Minimum size of single bedrooms 9m².
Minimum size of double bedrooms 14m².
Conformity of the thermal, water and electrical system.
Compliance with acoustic regulations.
What is usability and what is it for?
The certificate of usability issued by the municipality has a dual function: if on the one hand it certifies the suitability of the property to be used for residential use, on the other it guarantees the suitability of the property to «fulfill an economic and social function and therefore tosatisfy the needs that led the buyer to make the purchase “(energy saving, systems, safety, hygiene and comfort …).
What happens in its absence?
The role of the certificate is absolutely at the forefront, given that in its absence it is not possible to enjoy the property even if it was built in accordance with the sanitary, urban planning and prescriptions from the building permit
What happens in the event of a sale?
When the seller delivers a product completely different from that agreed or lacking the functional characteristics necessary to meet the needs of the buyer, the contract may be void.
The certificate of viability, in fact, constitutes an essential legal requirement of the property purchased, which characterizes the property and the absence of which determines the seller’s default (unless the buyer has expressly renounced the requirement).
The mere knowledge by the purchaser of the failure to issue the certificate, not accompanied by a waiver by the same, sets the conditions for voiding the contract and for proceeding with a legal action (which must take place within 1 year with notification within 8 days from signing).
The usability certification, therefore, becomes an essential condition to be verified before evaluating any real estate sale.
Excessive superficiality or carelessness both on the part of the buyer and on the part of the seller can cause strong and unexpected devaluations, cancellation of the contract or long and exhausting judicial proceedings.
Furthermore, when choosing a property to buy, it is important to always check the portions of the habitable building and consider that the commercial value of a non-habitable room must be lower.
Regional laws for the habitability of attics
In some regions, especially in mountain areas, special laws have been approved for the recovery of attics for residential use.
In these cases, we wanted to facilitate citizens by simplifying the parameters to obtain the habitability of an attic, accepting average weight heights and even lower air-lighting ratios and thus allowing to transform portions of the building that were not previously into livable rooms.
The recovery of the attic, if it respects the minimum legal requirements, with the consequent obtaining of the habitability certificate, is an excellent opportunity to increase the commercial value of the property.
Autore: La Redazione casa-luce.it
