Order No. 17148 of 2024: The Sale of an Unauthorised Construction and the Reference to Art. 1489 of the Civil Code

The issue of the sale of properties that do not comply with building permits is of great importance in the Italian legal context. With order no. 17148 of June 21, 2024, the Court of Appeal of Naples provided an important clarification regarding the seller's responsibilities in case of an unauthorised construction. In particular, the order focuses on the application of Article 1489 of the Civil Code, which deals with the rights and encumbrances related to the sold item.

The Regulation of Art. 1489 of the Civil Code

The Italian Civil Code, in Art. 1489, establishes the conditions under which warranties for eviction and defects of the sold item apply. According to the ruling's maxim, in the case of the sale of a construction built in non-compliance with the building permit, this provision applies if the defect does not result in structural anomalies of the property. Furthermore, it is essential that the non-compliance was not declared in the contract or that the buyer was not aware of it at the time of purchase.

WARRANTY FOR - IN GENERAL Sale of an unauthorised construction due to non-compliance with building permit - Regulation of Art. 1489 of the Civil Code - Applicability - Conditions. In the case of the sale of a construction built in non-compliance with the building permit, Art. 1489 of the Civil Code regarding other people's encumbrances and rights on the sold item applies, when the defect of the item does not result in structural anomalies of the property, and provided that the non-compliance was not declared in the contract or, in any case, was not known to the buyer at the time of purchase.

Conditions for Applying the Warranty

It is interesting to note that the Court specified the conditions under which Art. 1489 of the Civil Code can be applied. Indeed, the provision applies when the seller has not declared the non-compliance and the buyer was not aware of it. This implies that transparency in negotiations is fundamental. Otherwise, the seller may be held liable for any damages or defects that emerge post-purchase.

• The non-compliance must not be declared in the contract.
• The buyer must not be aware of the non-compliance at the time of purchase.
• The defect must not concern structural anomalies of the property.

Conclusions

In summary, order no. 17148 of 2024 offers an important point of reflection for those involved in real estate law. Clarity on the seller's warranties in case of an unauthorised construction is essential to protect buyers' interests and promote more transparent sales practices. Therefore, knowledge of the regulations and the conditions for their applicability plays a central role, so that the rights of all parties involved are respected and protected.