Ciao tutti.  I am in the midst of

If you stipulated that there must be a certificato di agibilità in the preliminary, and there isnt. then the seller is at fault.  Assuming that everuthing has been done legally and the preliminary is registerd at the Agenzia delle entrate etc etc - if the seller does not produce the certificate by the due date what can you do:....1. You can go to court and make him do it2. You can call it off and ask for double your deposit - which will probably mean going to court.3. You can wait. Its not a matter of cost - it is also probable that it is impossible to issue a cert of agibilità.   Bear in mind that if you arent getting a mortgage, a cert of agibiltà is not obbligatory yet in Italy unless its a new house.  There is no reason to say what you need one - and it may not change anything - unless you want to sell to someone who wants the certificate.  The cert does nnot mean the house is not safe or secure, it basically means he did work without telling the comune and probably in nero. The 3 year bit is rubbish.   You have a preliminary and you have the right to buy - he can sell to someone else but he must pay you off.  It is valid indefinitely as it is a legal document.  You have registered the preliminary, but was it also trasncribed?.  What is the agent doing? Have you paid the agent?   Hate to pessimistic but I dont think you will get agibilità, and you will be expected to sign the atto anyway.  

I highly recommend to abandon the deal if the house to buy, is not in compliance with building permits .No bank will ever give a mortgage, the deed of purchase may not be valid, it is likely that the notary did not he concludeThe Umbria it’s full of houses for sale, owners who want to sell strongly, and above all there are many houses in order with all building permitsThe Italian state, in the coming months, will make a revision of the land register, the offices will control all properties , with the clear intention of receiving money from all owners who have to put their own houses in order with all Real estate licences.Let sellers pay for making use violations, in order to avoid paying taxes and you bought houses in order, paying what is right, not go looking for problems.The house in Umbria is a pleasure, if you will be chased by problems, what preasure it ? . Ugo by www.lifeinitaly.it

Grazie for your responses.  The preliminary agreement has in fact been registered and transcribed.  I do feel we have a reliable realtor who is connected to to larger agencies in Europe.  Hehas said that since the preliminary agreement has been transcribed by the notaio that we can indeed block the seller from selling to a third party for up to 3 years.  Of course, this is not our goal.  Our goal is to own the house free and clear.We will not have a mortgage for the home, but as we live here in the states, we do not want to have any legal problems when we arrive.The contract  reads that neither party can apply for damages if the contract is not fulfilled; however the owner has done no repairs and is in fact disregarding the contract.  A flagrant disregard of the law.  Our assumption that he in fact has done work that has been registered with the comune but either not done or closed.  It is the comune that is insisting on the habitability certificate.  However, we do not want to purchase it without this as we fear there may be future problems.

Hardly the common issues a certificate of habitability, at least in Umbria, I've never seen, and I'm Umbro and work in this business for over 20 years. Rather the municipality must issue a certificate of fitness for use ', ie a document which shows that all the work for which was issued the building permit, have been made and have been checked by technicians, which was filed statement suitability for plants, electric and hydraulic, that firefighters have issued a favorable opinion to the gas connectors and that all taxes have been paid. Without this document the notary will not enter into the deed of sale. and even if it should enter into (which I do not think likely) that the contract would have no legal value Ugo by  lifeinitaly.it 

If you have a registered and transcribed preliminary there is no time limit.  You had entered into a legal agreement and it is binding on both sides.  Quite why the realtor decided to put in a caparra penitenziaria instead of a caprra confermatoria I dont know, the latter would have protected you more and made the seller pull his finger out.   Did the realtor ask for his commission at preliminary?  The comune cannot insist on agibilità  As I said it is not yet obligatory except for a new build or if the work required a major building concession.  

Modicasa , he wrote the municipality will not issue a certificate of habitability Unless certain Changes have been made to bring the property up to code and to close existing permits. This means that the house was probably built or renovated NOT in compliance with the building permit, or who has been requested amnesty, just that the seller does not want to pay