Order No. 9358 of 2024: Reflections on the Classification of A8 and A7 Properties

The recent Order No. 9358 of April 8, 2024, issued by the Court of Cassation, offers new insights into the cadastral classification of properties. This ruling, featuring M. (Santi Umberto) and the State Attorney General's Office, focuses on the importance of the type of use of gardens and courtyards in the classification of buildings. In particular, the judgment clarifies that the presence of a garden or courtyard does not necessarily have to be attributed to exclusive use for classification in categories A8 (villas) and A7 (detached houses).

Relevance of the Judgment

The Court has established that the existence of external spaces, such as gardens or courtyards, is not an exclusive factor for including a property in categories A8 and A7, even if such spaces are used in common with other residential units. This represents an important clarification compared to current regulations and previous interpretations that tended to limit the relevance of such elements only in cases of exclusive use.

In relation to the classification of properties in categories A8 (villa) and A7 (detached houses), the existence of a garden or courtyard, as a differentiating element of villas and detached houses compared to properties classifiable as civil dwellings (A2), is not of cadastral relevance only if for exclusive use of the residential property to be registered, but also if it is for common use with other residential units, not precluding by itself the inclusion of the asset in the aforementioned categories A8 and A7, in conjunction with other typological characteristics.

Implications for Industry Professionals

This ruling has significant consequences for architects, surveyors, and real estate professionals. Here are some key points to consider:

• Re-evaluation of property characteristics: professionals will need to consider not only the type of property but also its location and ancillary services.
• Litigation risks: the new interpretation could lead to legal disputes during tax assessments, making a more careful approach necessary in documentation and application submissions.
• Investment opportunities: the expansion of property categorization could generate new investment opportunities for those who own residential units with shared spaces.

Conclusions

In summary, Order No. 9358 of 2024 represents an important step in clarifying the rules governing the cadastral classification of properties. The judgment offers a more inclusive view of the relevance of gardens and courtyards, facilitating the inclusion of different types of properties in categories A8 and A7. For professionals and operators in the sector, it is essential to keep these guidelines in mind, not only to ensure correct classification but also to optimize real estate investment and management strategies.