Order no. 17955 of 28/06/2024: The Builder's Liability under Article 1669 of the Civil Code

The builder's liability is a topic of great importance in Italian civil law, especially in relation to construction contracts and the sale of real estate. Order no. 17955 of June 28, 2024, issued by the Court of Cassation, fits into this debate, clarifying the conditions for liability under Article 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.

Regulatory Context and Builder's Liability

Article 1669 of the Italian Civil Code establishes the builder's liability 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 construction activities is liable under Article 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 construction activities by third parties is liable under Article 1669 of the Civil Code, even if they have used qualified individuals (contractors, designers, site managers). The burden of proof to be exempted from liability lies with them, demonstrating that they had no power of direction or control over the contractor, even following a chain of contracts, in order to overcome the presumption of attribution of the harmful event to their own culpable conduct, even if potentially omissionary.

Implications of the Ruling

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

• Burden of Proof: The seller must prove they did not have control over the contractor to avoid liability.
• Chain of Contracts: Even with multiple levels of contracts, the seller can be held liable for defects if they maintained an active role in supervision.
• Culpable Conduct: The ruling reinforces the concept that liability can arise from omissions, not just acts of negligence.

Conclusions

Order no. 17955 of 2024 represents a significant step forward in defining the liability of builders and sellers in the context of construction contracts. It clarifies that the capacity for control and supervision over construction activities plays a crucial role in attributing liability. Therefore, it is essential for sellers and professionals in the construction sector 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 property buyers.