Atto catastrale

09/27/2010 - 14:46

We have just come back from Italy where we were supposed to sign the final contract for our property in Grottole, Basilicata. However, when we got to the notary's office, we were told that there was a problem with the atto catastrale - I think this is the land registry deed- which dated from 1939 and had hand-written emendations. The notary would not accept this and told us we had to have an up-to-date deed. Apparently the law has changed and ancient deeds are no longer acceptable. Has anyone else had this experience? It is annoying as it has put back the buying process, and hence the start of renovations, so we may not be able to take possession until next May/June, rather than next Easter.

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We have recently taken possession of our property and deeds.The geometra is the best person to look into all parts and parcels of land that may surround your house and their owners.Contact one that is in your locality,he will have more understanding of your local commune to search out and produce your new documents.Most solicitors use a local geometra to do this type of work.

The law changed on 1 July - the notaio probably needs and wants an up to date planimetria of the property which si signed off by a professionista - otherwise the act will be null.  If the last catasto is from 1939 it is probable that the property has changed in some way since then, and needs to be recatasto'd before the act of sale an be stipulated.

Thank you for this, Ram. How annoying that we have been caught by this new legal requirement. The selling agent was vague as to how long it might take to draw up a new catasto, and how complicated a process this was. Hoping for the best... 

In reply to by KarenSheffield

IF all that is needed is an up to date planimetria (bascially a drawn survey of the building) then this shouldn't hold up the deal for a huge amount of time - I'd suggest a max of six months, maybe less. However, there may be other snags involving tracing successioni (how the house has come into the ownership of the presumed seller) and this can drag on for a long time! It sounds as if you have a notaio who is concerned about your interests, and wants to get it right, and this is a good thing. In whichever circumstance, the costs of sorting out the planimetria, or the proof of ownership, fall on the seller. Unless the seller sorts it out he cannot sell the property. Under no circumstances should you be bullied into signing a deal on the basis that you are being a fussy foreigner. If your notaio doesn't feel confident about concluding the deal you MUST trust the notaio. Good luck. 

Thank you to those who have responded. Fortunately it didn't take too long to resolve the problem. Of course another one soon came up- we had to get permission to 'frazzionare' the house, as it was half of a larger building. The developers suggsted that we buy the other half to solve the problem, but we couldn't afford to do that. Anyway the sale contract was signed at the end of January in our absence by our representative to whom we had given power of attorney. We have been told recently that renovations are progressing well, and we are on course for a handover date some time in the Spring - though whether that means April, May or June is unclear. Several people buying from Tricali seem to have had major problems, especially in Abruzzo, but fingers crossed we will have a habitable property in a few months!