In Italy, the Certificate of Habitability (Certificato di Agibilità) is a critical document that certifies a property’s compliance with safety, hygiene, health, and energy-saving standards as defined by current regulations. It ensures that the property was constructed according to the approved project.
When is the Certificate Issued?
Legally mandatory, the Certificate of Habitability is issued for all new constructions, and in cases of reconstruction or additions to existing buildings, whether total or partial. It is also required for any modifications that could affect the property’s safety, hygiene, health, and energy efficiency.
Selling and Renting Property
Given its legal requirement, the Certificate of Habitability is essential when renting or selling a property. The absence of this document can invalidate the transaction. Unless declared, a tenant or prospective buyer can demand contract termination, claim damages, and request the return of any deposit if the property does not meet habitability standards.
If the property meets the necessary conditions but the seller lacks the certificate, the buyer may seek a reduction in the purchase price and compensation for the decrease in property value due to the absence of the certificate. Both the notary and the real estate agent, if involved in the sale, must ensure the presence of this document or the declaration of the non presence of this document; failure to do so could result in shared liability.
Clarifying Agibilità and Abitabilità
It’s important to note that today, there is no distinction between agibilità (habitability) and abitabilità (inhabitability). Before 2013, these terms referred to different documents: abitabilità for residential properties and agibilità for non-residential ones. Since the introduction of the Certified Notification of Habitability (Segnalazione Certificata di Agibilità or SCA) in 2013, the two concepts have been unified under the term agibilità.
A Historical Perspective: From 1934 to 1967
The legal requirement for this type of documentation dates back to 1934, when Royal Decree No. 1265 mandated that local authorities ensure buildings met health and hygiene criteria. In 1967, Law No. 765, known as the “Bridge Law,” introduced the term “declaration of habitability or agibilità” for the first time.
Obtaining the Certificate for Older Properties
For properties built before 1934, it is necessary to have documentation proving their construction before that date. Lack of documentation is not an issue since the requirement did not exist at the time. For properties built before 1967, you must visit municipal archives to retrieve the necessary documentation and request an inspection of habitation records. Procedures and access methods vary by municipality, so knowing the details of the property’s original filing and ownership will aid in locating the lost certification.
The Certified Notification of Habitability (SCA)
The Certificate of Habitability is issued by the local municipality based on certification from an architect, surveyor, or engineer who oversaw the construction work and guarantees compliance with legal requirements. This professional must submit the SCA, a self-certification confirming the property meets all standards. This notification must be delivered within 15 days after the completion of work. Failing to meet this deadline can result in penalties ranging from €100 to €450, depending on the delay duration.
Costs of Obtaining the Certificate
The cost of obtaining the Certificate of Habitability varies depending on the professional issuing it and the municipality. Fixed costs include administrative fees of around €150, two revenue stamps costing €16 each, between €400 to €4,000 for structural testing, and €80 to €300 for utility inspections. The professional’s fee typically ranges from €150 to €1,500.
Online Self-Certification Models
Several online models for self-certification of habitability can be completed quickly. These forms typically require the property owner’s personal data, details of the building project, and the work supervisor’s information. The professional must certify that the property meets regulatory standards and is habitable. Both the owner and the supervisor must sign the document. Under DPR 445/2000, the declarant is responsible for the content’s accuracy, and the public administration can verify the declarations. False declarations can lead to sanctions.
Differences Between Habitability and Urban Planning Compliance
A contentious issue is the difference between the Certificate of Habitability and urban planning compliance. A recent court ruling (TAR Tuscany 11/03/2019, n. 348) highlighted that habitability ensures a building’s safety, health, hygiene, and energy efficiency but does not confirm compliance with urban planning regulations. Thus, a property can be habitable yet non-compliant with the approved project, making it subject to penalties.
Requesting the Certificate and Associated Costs
To request the Certificate of Habitability, submit an application to the municipality’s single building desk along with:
- Receipt of the building’s registration application
- Declaration of the property’s healthiness and drying of the premises
- Certification of technical system compliance by the installation specialist
- Electrical certification by the responsible technician
The municipality responds within 30 days. The total cost typically hovers around €150, covering revenue stamps and administrative fees.
Over to you
Understanding and securing the Certificate of Habitability is crucial for anyone looking to buy, sell, or rent property in Italy, ensuring that all legal and safety standards are met.
