Introduction
The Italian Court of Cassation, Second Civil Section, judgement No. 24226 of 29 July 2026, examined a property sale in which the deed contained a declaration that the building had been constructed before 1 September 1967, whilst subsequent alterations had come to light relating, in particular, to a 45 m² basement room.
The Court of Cassation’s ruling
The Supreme Court stated that a planning offence does not always and automatically render the deed of sale null and void. In judgment No. 24226 of 29 July 2026, the Court of Cassation clearly distinguished between the formal validity of a property sale contract and the potential remedies available to the purchaser when planning or building-related issues arise.
The rule in brief
In the Italian system, town planning regulations lay down specific declaratory requirements in deeds of property transfer. According to the Court of Cassation, nullity applies in the cases expressly provided for by law, that is, above all when the town planning declaration required in the deed is missing. If the declaration relating to construction prior to 1967 is present and actually concerns the property sold, the mere subsequent discovery of unauthorised works does not, in itself, render the sale a null and void contract.
In practice
The validity of the notarial deed does not amount to an absolute guarantee of full compliance with town planning regulations. This is certainly not due to errors attributable to the notary, but simply because a property may be validly transferred whilst still presenting non-conformities. In such situations, protection may depend on the seller’s guarantees, contractual declarations, the documentation provided and proof of an error or breach of contract.
It is important to emphasise that the ruling does not diminish the importance of planning compliance: rather, it clarifies that planning irregularities and the nullity of the sale are not synonymous concepts. For those buying property in Italy, particularly from abroad, the most effective protection remains preventing problems before signing the contract, by accurately documenting the property’s characteristics, compliance and condition.
The Legal Nook Insights
It is always necessary to exercise extreme caution, as any planning irregularity is not irrelevant: it may give rise to contractual remedies, such as termination, annulment on the grounds of error or compensation for damages, and may expose the parties to the relevant public law sanctions.
The judgement reinforces the value of technical and legal due diligence prior to the deed of sale. In addition to the land registry extract and title deeds, it is advisable to verify planning permissions, floor plans, any amnesties or regularisations, the actual condition of the property, and that what is promised matches what will actually be transferred.
In the case in question, it was also important to establish that a basement room described in a floor plan was not part of the property being sold.
References
Court of Cassation, Civil Section II, judgement no. 24226 of 29 July 2026.
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