The Certificate of Habitability certifies the suitability of a residential property to be habitable. It is issued by the competent municipal offices following verification of conditions of safety, hygiene, solidity, healthiness of the property and its systems. According to part of the jurisprudence prior to issue the certificate of habitability the competent authorities should also verify the compliance of the building with planning permission.

The case law of the Supreme Court is unanimous in stating that in real estate transactions the certificate of habitability is one of the documents that the vendor must deliver to the buyer before completion. As a matter of fact the buyer has full right to verify that the property is suitable to satisfy his legitimate interest, that is the usability and marketability of the property. The above mentioned certificate can be considered as an essential requirement of the building because having direct effects on the legal use of the property as foreseen in the contract.

In absence of different contractual agreements, the responsibility to provide the certificate of habitability belongs to the vendor. In case of delay or failure in the delivery of such certificate we are in a clear case of non execution of a contractual obligation (breach of contract). A recent decision of the Supreme Court states that “the vendor of a property intended for residential use has the duty to deliver to the buyer the certificate of habitability without which the property is unmarketable (Cass. 23 of January 2009, n. 1701).

In case of absence of certificate of habitability the property can nevertheless be transferred with a notarial deed of sale but only with the buyer’s explicit consent. Verifying the presence of the certificate of habitability before completion should certainly be part of the legal due diligence.

Avv. Giandomenico De Tullio

Please note, any statement made in this article is intended to be a general practical introductory explanation only and not formal legal advice. This firm accepts no liability or any responsibility for any statement made.