Order No. 19711 of 2024: The Validity of Urban Planning Certification in the Sale of Land

The recent order No. 19711 of July 17, 2024, by the Court of Cassation provides important clarifications regarding the sale of land that has become non-buildable after the conclusion of the deed. This ruling is situated within a complex legal context, where the nullity of a sales contract can be challenged due to issues related to urban planning certification. The decision emphasizes the possibility of supplementing urban planning certification by one of the parties, highlighting the special nature of the nullity provided for by Presidential Decree No. 380 of 2001.

Regulatory and Jurisprudential Context

The central issue concerns Article 30, paragraph 2, of Presidential Decree No. 380 of 2001, which establishes that the lack of precise proof of the urban planning designation of a buildable plot of land represents a condition for an action of nullity. However, the Court reiterated that such nullity is special and can only be asserted by the interested parties. This means that a party can, through their initiative, rectify the defect of lack of proof, until the nullity of the sale has been established by a final judgment.

The Ruling's Maxim

Generally. In the case of the sale of land that has become non-buildable after the date of the deed, the subsequent integration of the urban planning certification by one of the parties is allowed, as the nullity provided for in paragraph 2 of Article 30 of Presidential Decree No. 380 of 2001 is a special nullity that can only be asserted by the interested parties who, through their initiative, even individually, can determine the rectification of the defect of lack of precise proof of the urban planning designation of the buildable land, which constitutes a mere condition of the action, until the nullity of the sale has been established with the force of res judicata. It follows that the urban planning designation of a non-built plot of land can be demonstrated not only based on a certificate issued prior to and close to the date of the transfer agreement, and in any case within the validity period referred to in paragraph 3 of the aforementioned Article 30, but also from a historical certificate issued after the contract, provided that it reflects the regulations in force at the time of stipulation.

This passage highlights that the urban planning designation of land can also be demonstrated through certificates issued after the contract is signed, as long as they meet the regulatory requirements in effect at the time of the sale. This aspect is crucial to ensure greater security in real estate transactions, especially in a context where urban planning regulations can change over time.

Conclusions

In summary, Order No. 19711 of 2024 represents an important step forward in the field of real estate law, clarifying the methods through which it is possible to rectify a defect related to urban planning certification. The parties involved in a sale must be aware of these opportunities to avoid future issues and ensure the legality of the transactions. The ruling, therefore, not only provides guidance for the proper management of real estate sales but also offers a useful tool for the protection of the parties involved.

Bianucci Law Firm