Let’s talk about the land registry.
The land registry, now merged into the Revenue Agency, is the inventory of all real estate, whether land or buildings, existing in the State, belonging to private and public entities. Surveying the real estate properties, keeping the changes evident and realizing the conditions for a fair taxation are the institutive purposes of the land registry.
The land registry has only a fiscal and not an urban planning function and does not provide certain data relating to the title of the property and at least on the urban legitimacy of the properties.
The “formation” of the cadastre was taken care of by the state but its updating is delegated to the action of the property owners, through freelance technicians authorized to prepare the land registry updating acts (mainly surveyors, engineers, architects, etc.). [from the Revenue Agency]
So, what is the reason why we are talking about the land registry?
There is often confusion between the cadastral and building regularity criteria. It would therefore be useful to define them from the real estate contract point of view.
First of all, land registry compliance means the correspondence between the actual state of the real estate unit and the related land registry data as well as the planimetric correspondence of the properties. For town planning compliance, however, we refer to the correspondence between the actual state of the property and the set of building permits issued throughout the construction history of the building, both as a plan and volume complex and for individual property units. This aspect of regularity is the relevant one and must be verified before any building intervention and before the real estate sale. It is necessary to verify the urban planning compliance in order to detect the presence or absence of abuses or discrepancies that could render the notarial deeds null, open the way to possible disputes or become a pretext especially for the promising buyer to depreciate the value and ask for substantial reductions.
With the building amnesty it is possible to remedy phenomena of unauthorized accrued under the rules of construction, extension or building modifications. [from site]
Below is an excerpt from an article in Corriere della Sera to make the situation in Rome known:
“Despite all the technology applied by Risorse per Roma, the building amnesties are at stake: 180,000 files still to be disposed of, out of the initial 400,000. And by calculating the years from the start of the amnesties (the first amnesty was in 1985), it means that in 33 years only half of the requests have been examined. With a considerable economic damage also for the coffers of the Capitol, because according to the calculations, the conclusion of the arrears would bring in the coffers of the Municipality a round billion euro. “
Therefore, respecting all the practices that make the property a regular object, rather than appealing to the practice of amnesty, would bring many benefits.
We want to underline that the information system of the Urban Building Cadastre includes, in addition to information of a census nature, also graphic information. In particular, each urban real estate unit is accompanied by a planimetric representation performed, as a rule, on a scale of 1: 200.
The P.P.S. (which for convenience we will call from now on “floor plans”) constitute a fundamental element of the documentary examination of a property. Compliance with the building parameters can be verified only and exclusively by examining the project attached to the building permit. However, the examination must be made with reference to the technical rules for implementing the General Regulatory Plan, however named, and the Building Regulations in force in the Municipality of reference.
There are different types of floor plans that take on relevance in examining the legitimacy of a property.
Land registry plans, plans to the project presented for obtaining opinions relating to the management of constraints and plans aimed at recognizing the usability of the property, may highlight contradictions with respect to the plan of the state of affairs and of the project. Any contradiction must necessarily be justified.
Certainly, the plans attached to the building permit (and the various subsequent phases of use of the property) constitute the founding element of the verification.
The overlap between the pre-construction plan and the post-construction plan of the permits to build or renovate, restore or maintain a property is necessary to demonstrate that the original plant has been legitimately authorized and all subsequent changes have been made in full compliance with the legislation urban planning and building in force.
The examination of the legitimacy of the project and the construction of the works is a complex operation that requires some experience in the reading and application of urban planning and building regulations.
In the plans of the buildings we often find references to the intended use. This element is also particularly important in the examination of the property, since a subsequent change of intended use may not be permitted by the regulations of the general or detailed urban planning instrument and in any case must be operated through a procedure that must take into account the fact that the change of destination takes place with or without building works.
Even for the change of destination, however, it is necessary to refer to the municipal legislation and the discipline of the General Town Plan, however called, and the building regulations of the Municipality of reference.
What REDD proposes is the possibility of applying artificial intelligence to the superimposition of floor plans, assuming the use of a specially dedicated algorithm.
The software is used by our experts, but a professional can also license it.
What is required is the drawing of cadastral plans and plans for the project in digital format, to be uploaded inside.
After having indicated four known points in both plans, you will obtain a report that will highlight any discrepancies between these (which may be marginal, substantial or total, presence of mergers of the buildings or divisions, differ in internal and / or external heights, functional destination, systems, toilets, internal partitions and elevations).
You will get a document that will highlight the differences both graphically and in the form of a report.