Managing Non-Compliant Properties in an Inheritance

Accepting an inheritance often represents a complex transition, combining emotional aspects with significant bureaucratic and legal obligations. The situation becomes particularly delicate when the inherited estate includes real estate affected by urban planning irregularities or building code violations. As an expert lawyer in succession law in Milan, Avv. Marco Bianucci frequently encounters cases where heirs discover, often only after the succession has opened, that the family home or the inherited apartment has discrepancies compared to the cadastral plans or original building permits.

This discovery is not a mere technical detail, but a critical issue that can block the sale of the property, expose heirs to administrative sanctions, or, in the most serious cases, lead to an order for the demolition of the illegal structures. It is essential to understand that the succession in the possession of the property transfers to the heirs not only ownership but also the burden of restoring the urban planning legality of the property located in Milan or its province.

Legal Framework: The Heir's Responsibility Regarding Building Violations

To correctly address the issue, it is necessary to distinguish between the different profiles of responsibility provided for by Italian law. From a criminal perspective, responsibility is personal: this means that the crime of building violation is extinguished with the death of the perpetrator (the de cuius who committed the violation). Consequently, the heir cannot be criminally convicted for works carried out by the deceased.

The situation is different on an administrative and civil level. Building violations are, in fact, considered a permanent offense. This implies that the demolition order or the order to restore the premises, issued by the Municipality, remains effective and can be enforced against the current owners, i.e., the heirs. Furthermore, the presence of unrectified violations makes the property commercially unsellable. Current legislation provides for the nullity of sale agreements for properties lacking the necessary urban planning and building compliance. Therefore, the heir finds themselves the owner of a property that cannot be sold on the market without first resolving the irregularities.

The Approach of Studio Legale Bianucci to Inheritance Regularization

The approach of Avv. Marco Bianucci, an expert lawyer in successions in Milan, is based on rigorous and multidisciplinary preliminary analysis. When a client contacts the firm with the suspicion or certainty of having inherited a property with violations, the first phase consists of a thorough documentary review at the competent technical offices.

The defense and resolution strategy is developed in close collaboration with trusted technicians (surveyors, architects, or engineers) operating in the Milanese area, in order to assess the feasibility of a building regularization. The objective is to understand whether the violation falls within the categories that can be regularized by paying a fine (so-called "accertamento di conformità" - conformity assessment) or if other avenues need to be pursued. In situations where the costs of regularization or restoration exceed the value of the property or the heir's financial means, Avv. Marco Bianucci guides the client in evaluating alternative instruments, such as accepting the inheritance with benefit of inventory or, in more compromised cases, renouncing the inheritance, to protect the heir's personal assets from debts and liabilities arising from the non-compliant property.

Frequently Asked Questions

Can I sell an inherited property if it has building violations?

No, Italian law stipulates the nullity of transfer deeds for properties that have serious urban planning discrepancies. To sell the property, it is first necessary, where possible, to proceed with the regularization of the violation or the restoration of the premises to achieve urban planning compliance.

Does the heir have to pay fines for violations committed by the deceased?

While criminal responsibility and related fines are extinguished with the death of the perpetrator, pecuniary administrative sanctions and demolition or restoration orders follow the property. Therefore, the heir, as the new owner, may be held responsible for the administrative consequences of the violation to regularize the property's status.

Is it advisable to accept an inheritance if there is a property with violations?

There is no single answer; it depends on the severity of the violation and the costs required to rectify it. It is essential to conduct a technical and legal assessment before accepting the inheritance. In many cases, acceptance with benefit of inventory is the solution that allows verification of the situation without risking personal assets.

How much time do I have to regularize a violation after the succession?

There is no strict deadline related to the succession, but building violations are a permanent offense. The Municipality can intervene at any time with a demolition order. It is therefore advisable to act as soon as possible to avoid greater penalties and to unblock the property's marketability.

Request a Legal Consultation in Milan

If you have inherited a property and fear that there may be urban planning irregularities, or if you have already received challenges from the authorities, it is crucial to act with awareness. Avv. Marco Bianucci is available to examine your specific situation, assess the risks, and identify the best course of action to protect your interests as an heir.

Contact the firm to schedule an appointment at the Milan office located at Via Alberto da Giussano, 26. Together, we will analyze the case to manage the succession with the necessary legal certainty.