Order No. 17955 of 28/06/2024: The Responsibility of the Builder According to Art. 1669 of the Civil Code

The responsibility of the builder is a topic of great relevance in Italian civil law, especially in relation to construction contracts and the sale of real estate. Order No. 17955 of June 28, 2024, from the Court of Cassation, contributes to this debate by clarifying the conditions of liability under Art. 1669 of the Civil Code and the extension of such liability to the seller as well. In this article, we will analyze the key points of this ruling and its practical implications.

The Regulatory Context and the Responsibility of the Builder

Article 1669 of the Italian Civil Code establishes the responsibility of the builder for construction defects that may compromise the safety or stability of the property. According to the order in question, the Court emphasized that the seller who retains the power to issue directives or supervise the construction activity is liable under Art. 1669 of the Civil Code, even if they use qualified individuals such as contractors or designers.

The seller who has retained the power to issue directives or supervise the construction activity by third parties is liable under Art. 1669 of the Civil Code, even if they have employed qualified individuals (contractors, designers, site managers), bearing the burden of proof for exemption from liability, by demonstrating that they had no power of directive or control over the contractor, even following a chain of contracts, in order to overcome the presumption of attributability of the harmful event to their own negligent conduct, even if potentially omissive.

The Implications of the Ruling

The Court's decision highlights several implications for industry professionals and real estate sellers. The main considerations include:

  • Burden of Proof: The seller must demonstrate that they did not have control over the contractor to avoid liability.
  • Chain of Contracts: Even in the presence of different levels of contracting, the seller may be held responsible for defects if they maintained an active role in supervision.
  • Negligent Conduct: The ruling reinforces the concept that liability can arise also from omissions, not just from acts of negligence.

Conclusions

Order No. 17955 of 2024 represents an important step forward in defining the responsibility of the builder and the seller in the context of construction contracts. It clarifies that the ability to control and supervise construction activity plays a crucial role in attributing responsibility. Therefore, it is essential for sellers and industry professionals to be aware of their responsibilities and the potential legal consequences arising from inadequate exercise of their control powers. Understanding these dynamics can help prevent legal disputes and ensure greater safety for real estate buyers.

Bianucci Law Firm