The discovery of a building violation after purchase

Discovering that the property you just bought has urban planning discrepancies or undeclared building violations is a complex and frustrating situation. What should have been a safe investment turns into a source of concern, with potentially significant economic and legal consequences. You may face unexpected costs to rectify the situation, a reduction in the property's value, or, in more serious cases, the inability to use or resell the asset. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci understands the implications of these discoveries and offers legal support aimed at protecting your investment and asserting your rights against the seller.

The regulatory framework: warranty for property defects

Italian law protects the buyer of a property through the provisions of the Civil Code, particularly with the so-called 'warranty for defects of the sold item'. According to Article 1490 of the Civil Code, the seller is obliged to guarantee that the sold item is free from defects that render it unfit for the use for which it is intended or that appreciably diminish its value. Undeclared urban planning discrepancies and building violations fall squarely into this category, as they directly affect the marketability and usability of the asset.

Time limits for action: forfeiture and prescription

It is crucial to act promptly. The law provides very strict time limits for contesting defects. The buyer has the burden of reporting defects to the seller within eight days of discovery, under penalty of forfeiture of the right to warranty. Discovery does not necessarily coincide with suspicion, but often with the moment when one has objective and complete knowledge of the defect, for example, through a technical expert report. Legal action, on the other hand, is subject to a statute of limitations of one year from the delivery of the property. Respecting these deadlines is crucial to avoid losing the possibility of being protected.

The approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer with consolidated experience in damages compensation in Milan, is pragmatic and strategic, aimed at achieving the most concrete result for the client. The first step involves a detailed analysis of all documentation: the purchase agreement, cadastral and urban planning documentation, and, if necessary, the involvement of a trusted technician to prepare a sworn expert report that ascertains the extent and nature of the discrepancies.

Once the seller's liability is established, the most appropriate legal strategy is defined. There are mainly two possible courses of action: the action for price reduction (actio quanti minoris), by which the court is asked to determine a reduction in the price paid proportional to the reduced value of the property, or the action for contract termination (actio redhibitoria), possible when the defect is so serious as to render the property unusable. In both cases, it is also possible to claim compensation for all damages suffered, such as costs for urban planning regularization or lost profits.

Frequently Asked Questions

What exactly is meant by urban planning discrepancy?

An urban planning discrepancy means any difference between the actual state of the property and the project filed and approved at the municipal technical offices. It can involve major violations, such as the construction of an unauthorized veranda or an increase in volume, or minor discrepancies, such as a different internal layout. Even seemingly small discrepancies can have significant consequences, for example, preventing the obtainment of a mortgage or the resale of the property.

How much time do I have to report defects to the seller?

The law establishes a period of eight days from the discovery of the defect to send a formal communication to the seller, preferably via certified email (PEC) or registered mail with return receipt. The moment of 'discovery' is often when a qualified technician (surveyor, architect) confirms the presence and nature of the defect in writing, providing objective proof.

Can I only ask for a price reduction or also for other damages?

In addition to a price reduction, you are entitled to claim compensation for all damages that are a direct consequence of the defect. This may include, for example, costs incurred for the technical expert report, expenses necessary to regularize the building violation, reimbursement of unforeseen development charges, or damages resulting from the inability to rent the property during the period required for adaptation works.

What happens if the seller acted in bad faith and knew about the defects?

If it can be proven that the seller was aware of the discrepancies and deliberately concealed them, their legal position is significantly strengthened. In case of the seller's bad faith, they are obliged to compensate for all damages, even those not directly foreseeable at the time of sale. Furthermore, proof of bad faith can be a decisive factor in the judge's assessment.

Request an Assessment of Your Case

If you have discovered building violations or discrepancies in the property you have purchased, it is essential to act promptly to avoid prejudicing your rights. Understanding the technical and legal complexity of the case is the first step towards effective protection of your assets. Inaction or action taken without due preparation can compromise the possibility of obtaining fair compensation.

Contact the Bianucci Law Firm in Milan for an in-depth assessment of your situation. Avv. Marco Bianucci will analyze the documentation to define the most appropriate strategy to obtain the compensation you are entitled to. The firm is located at Via Alberto da Giussano, 26, and offers targeted legal assistance to protect your interests.