Certificate of habitability (certificato di agibilità): when it is needed
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What the certificate of habitability is in plain termsWhen it is neededHow it is obtained, step by stepHow to check before buyingWhat changes if the home is at auctionThe most common mistakesIn practiceFrequently asked questionsSourcesThe certificate of habitability confirms that a building is fit for the use it is intended for. Today, strictly speaking, it is called the certified habitability notice (segnalazione certificata di agibilità): a technician submits it to the Comune. If it is missing or does not match the work carried out, you take the problem with you when you buy.
What the certificate of habitability is in plain terms
The name comes from everyday language: people still say «certificato di agibilità», but the law speaks of the segnalazione certificata di agibilità, governed by Article 24 of DPR 380/2001, the Consolidated Building Code. A qualified technician declares that the work was carried out in compliance and that it can be used.
Do not confuse it with other documents you will hear about. The building permit (permesso di costruire, SCIA, CILA) authorises the works. Habitability tells you that, once the works are finished, the property is usable. Cadastral compliance, instead, concerns the data recorded in the land registry, that is, how the home is described for tax purposes. You can have a habitable unit with wrong cadastral data, and vice versa.
When it is needed
The general rule links the notice to works that create a new or altered property, and in particular to those that change the building or its use. The precise cases depend on the type of works and on the building permit that authorised them. To know for certain, ask the technician or the Comune's building office.
Since 2024, the Salva casa decree (d.l. 69/2024) has allowed more flexible requirements for heights and minimum surfaces in some cases, for example for studio flats, under certain conditions. If the home is close to those thresholds, do not assume anything: ask the technician whether it falls within the cases provided for.
How it is obtained, step by step
- The technician compares the works carried out with the building permit that authorises them.
- They check that the systems and requirements of the property are in order for the intended use.
- The notice is submitted to the Comune, usually through the building office or the Comune's online portal.
- Keep the receipt and a copy of the notice: you will need it when you sell or rent.
If the Comune finds problems, the procedure stops until you fix them. The time depends on the Comune and on the works: there is no fixed duration that applies to everyone.
How to check before buying
Before signing a purchase proposal, ask the seller for the building documents: the permit for the works, the habitability notice, and any amendment applications. Then carry out three simple checks.
- Compare the cadastral floor plan with the actual home: a divided room or a moved bathroom may not be recorded. See how to obtain the cadastral floor plan.
- Ask whether the cadastral compliance is in order. If it is not, read how to fix a cadastral discrepancy.
- Ask the seller for the date and type of the most recent works: works carried out without a permit are the most frequent cause of surprises.
Example: you buy a flat for €100,000. The floor plan shows two rooms, but today there are three because one has been divided. Before signing, ask for the permit for that division and the updated habitability certificate. If you cannot find them, the negotiated price must take into account the cost of sorting out the situation, or you do not sign.
What changes if the home is at auction
In auctions, the appraisal report (perizia) must state whether the building compliance is in order and, if there are abuses, how much it would cost to regularise them. Read the section on building matters carefully: how to read an appraisal report is explained section by section.
There are two points to keep in mind. First: in a judicial sale, the lack of a building permit does not automatically make the purchase void, but the successful bidder may submit the regularisation (sanatoria) application within 120 days of notification of the transfer decree (decreto di trasferimento) (art. 46, para. 5, DPR 380/2001). Second: in a forced sale there is no guarantee for defects (art. 2922 of the Civil Code). You cannot ask for a discount because the property has a defect you did not see: for this reason, you carry out the checks beforehand.
If the abuses cannot be regularised, you must remove them at your own expense. The appraiser must state this in the appraisal report, and the cost must be factored in before the bid.
The most common mistakes
- Thinking that the notarial deed (rogito) alone guarantees regularity: the notary checks many things, but does not replace the technical inspection of the property.
- Confusing habitability with cadastral compliance: they are two different documents, held by two different offices.
- Accepting the seller's verbal statement without having the document in hand.
- Not asking for the permit for works carried out in recent years.
In practice
- Ask the seller in writing for the habitability notice and the permit for the most recent works.
- Compare the floor plan with the actual condition of the home before making an offer.
- Have a qualified technician check any changes you cannot find in the documents.
- If you are at auction, read the part of the appraisal report on building compliance and regularisation costs.
Frequently asked questions
Can I buy a home without a certificate of habitability?
Yes, as a general rule the sale is possible even without one. The key is to know what you are buying: ask the technician whether the property is usable as it is and how much it costs to put the situation in order.
Who pays for the habitability notice?
There is no fixed rule in this guide: it depends on what the contract says or, at auction, on the notice of sale. Ask for this in writing before signing.
If habitability is missing, is the home illegal?
Not automatically. It means that a document is missing or does not match the works carried out. It must be checked case by case with the technician and the Comune, because the solution may be a building procedure and not always a high cost.
Sources
In the same chapter
- APE (attestato di prestazione energetica): what it isThe APE is the document that shows how much energy a home consumes and gives it an energy class from A4 to G. Here is when you need it, how to read it and how long it lasts.
- Cadastral category (categoria catastale): A/2, A/3, C/6 and the others explainedThe cadastral category is the code that classifies the property (A/2, A/3, C/6…) and determines cadastral income and taxes. Here is what the letters and numbers mean.
- Cadastral code of the municipality (codice catastale del comune): what it isThe cadastral code is a four-character code that identifies the municipality (comune) in the land registry, and you need it to look up a land registry extract. Here is where to find it.
- Foglio, particella and subalterno: how to find themFoglio, particella and subalterno are the numbers that identify the property in the land registry (catasto): you find them in the notarial deed, the land registry extract and the auction appraisal report.
- Mortgage on a home: what it is and how it is cancelledThe mortgage is the guarantee the bank registers on the home for the loan. It is closed after the final payment, but it should be checked with a mortgage search: here's how.
- Mortgage Search (Ispezione ipotecaria): How to Request It and What It ShowsThe mortgage search (ispezione ipotecaria) shows mortgages, seizures and transcriptions on a home: here is how to request it and what to check before signing.
General information, not legal or tax advice: the law and the notice of sale prevail.
