The purchase of a property represents a fundamental step in a person's life, and discovering that the actual energy class is lower than declared can turn into a serious economic prejudice. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci deeply understands the frustration of those who find themselves facing a false or incorrect energy certificate. This situation, unfortunately not uncommon, entails not only a devaluation of the purchased asset but also unforeseen expenses for heating and for necessary future requalification works.
The Regulatory Framework: The Energy Performance Certificate (APE)
The Energy Performance Certificate, commonly known as APE (Attestato di Prestazione Energetica), is a mandatory document for property sales and rentals. Its primary purpose is to provide the buyer or tenant with clear, objective, and certified information on the building's energy consumption. When this document contains untrue data, attesting to a higher energy class than the reality of the facts, it constitutes an offense that significantly infringes upon the rights of the buyer.
From a legal standpoint, responsibility for a false energy certificate can involve various parties. Firstly, the certifying technician who drafted the document is liable for professional negligence or, in more serious cases, for fraud, having certified a situation that does not correspond to the truth. Secondly, the seller of the property can also be held responsible, especially if they were aware of the irregularity or if they expressly guaranteed specific qualities of the property in the preliminary contract or the notary deed. The damage suffered by the buyer typically materializes in the difference in property value between the declared class and the actual one, in addition to the increased energy costs they will incur over time.
The Approach of Studio Legale Bianucci
Addressing a dispute over a false APE requires solid expertise in civil and contractual liability. The approach of Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, focuses on rigorous and personalized analysis of each individual case. The first fundamental step involves a careful evaluation of legal and technical documentation, utilizing trusted technical consultants, where necessary, to irrefutably ascertain the actual energy class of the property in question.
Studio Legale Bianucci works with the primary objective of protecting the client's assets. Initially, an out-of-court resolution of the dispute is always pursued, by engaging with the opposing parties and their respective insurance companies to optimize timelines and reduce stress for the client. However, should the parties involved prove reluctant to assume their responsibilities, the firm prepares a solid and targeted litigation strategy to obtain full compensation for the damages suffered, keeping the client constantly informed and involved in every phase of the case.
Frequently Asked Questions
What should I do if I discover that the APE for my new home is false?
The first step is to gather and organize all documentation related to the purchase, particularly the preliminary contract, the notary deed, and the disputed APE. Subsequently, it is essential to consult a legal professional to evaluate, together with a third-party technician, the preparation of a new sworn expert report. This step is crucial to obtain certain and irrefutable proof of the building's real energy class before making any formal claim for compensation.
To whom should I claim compensation for the incorrect energy class?
The claim for compensation can be directed both to the certifying technician who physically drafted the false or incorrect document, and to the seller of the property. The most effective strategy depends on the specifics of the case, the seller's degree of awareness at the time of the agreement, and the professional insurance coverage held by the technician who prepared the certificate.
How much time do I have to report a false APE and claim damages?
The statutes of limitations and forfeiture periods for legal action vary depending on whether one decides to proceed against the seller for defects in the sold item or against the technician for non-contractual liability. In general, it is crucial to act with the utmost promptness as soon as the outcome of the technical expert report confirming the error or falsity of the document is obtained, to avoid incurring forfeitures that could preclude the right to compensation.
Protect Your Real Estate Investments: Book a Consultation
Discovering that you have purchased a property with significantly lower energy characteristics than promised is a complex situation that requires timely and strategically targeted legal intervention. The costs, timelines, and methods of legal action depend on numerous factors specific to each individual case, including the clarity of the technical evidence and the attitude of the opposing parties.
Contact Avv. Marco Bianucci to schedule an initial consultation at the Milan office. During this first meeting, the documents you possess will be analyzed to define a clear picture of the situation and to transparently explain the commitment required to protect your investment and pursue adequate compensation.