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Free Guide to Hiring a Real Estate Lawyer
Real estate due diligence in Italy, including Cologno Monzese, focuses on verifying that a property can be transferred free of hidden liabilities. Key checks include ownership, encumbrances, planning compliance, and building permits. These steps help buyers avoid unexpected costs or disputes after the notarial deed (rogito).
In Lombardy, local planning rules are enforced through municipal and regional instruments, with the Testo Unico dell Edilizia guiding construction and urban planning. A careful due diligence package combines cadastral data, mortgage searches, and urbanistic certificates to confirm the property’s legality and market value. This approach protects buyers and lenders in a dynamic real estate market near Milan.
According to the Italian tax authority, visible and hidden encumbrances must be identified before transfer to prevent post-closing disputes.Source: Agenzia delle Entrate
The Testo Unico dell Edilizia remains the central framework governing construction, permits, and conformity checks across Italy, including Lombardy and Cologno Monzese.Source: Normattiva and Agenzia delle Entrate
Buying property in Cologno Monzese often involves complex local requirements that a lawyer can translate into clear steps. A qualified attorney helps align the transaction with regional planning norms and ensures the title history is solid before signing.
Scenario 1: You discover a conflicting boundary in the visura catasta and the planimetria does not match the actual building. A real estate lawyer can order corrective measures with the cadastral office and the municipality before closing.
Scenario 2: The seller presents a proposed renovation that required a SCIA or CILA, but the municipal records show a different approved plan. A solicitor can verify permits, obtain proper certificates, and prevent future legal challenges.
Scenario 3: You are purchasing a unit in a Cologno Monzese condominium with potential special assessments or pending deliberations. A lawyer reviews the condominio records and helps negotiate liability sharing in the rogito.
Scenario 4: The property has a pending mortgage or lien. An attorney orders a visura ipotecaria to uncover all encumbrances and negotiates release or coverage as a condition of the sale.
Scenario 5: You suspect a historic building may require heritage clearance. A legal counsel reviews planning restrictions and confirms conformity with regional and municipal heritage rules.
Scenario 6: You plan renovations that impact structural safety. A lawyer coordinates with engineers and the comune to secure the necessary permits and avoid later penalties.
Two to three core laws and regulations shape Real Estate Due Diligence in Cologno Monzese and Lombardy. These instruments guide ownership verification, urban planning, and building compliance.
DPR 380/2001 - Testo Unico dell Edilizia. This regulation consolidates rules on construction, urban planning, and building conformity across Italy. It remains the primary reference for permits, safety norms, and the legality of structures. Recent amendments continue to refine permit procedures and administrative timelines. Agenzia delle Entrate provides guidance on how these provisions apply to cadastral and planning checks in Lombardy.
Legge 220/2012 - Nuove norme in materia di condominio negli edifici. This law governs condominium ownership, administration, and procedures that can affect due diligence in multi-tenant buildings in Cologo Monzese. It establishes rules for notices, budgets, and major renovations that impact shared property. See regional summaries for Lombardia via regional portals.
Piano di Governo del Territorio (PGT) e Regolamenti Edilizi locali - Lombardy and Cologno Monzese rely on regional planning frameworks and municipal building regulations to determine land use and development rights. The Region Lombardia provides overview materials on PGT implementation, while the Comune enforces the Regolamento Edilizio (RE) and urban planning instruments at the local level. Planning instruments can affect what is permitted on the property and any post-acquisition obligations.
Real Estate Due Diligence is a structured set of checks before a property transfer. It includes title verification, cadastral and mortgage searches, planning compliance, and certificate reviews. The goal is to confirm ownership, rights, and regulatory conformity before the rogito.
Begin with a preliminary title check and order cadastral and mortgage verifications. Engage a local attorney to coordinate with the seller's attorney and the notary to obtain the needed certificates and documents.
Costs vary by property and scope. Typical attorney fees range from a few hundred to a few thousand euros, plus charges for visure catasti and ipotecarie. Budget for notary coordination and engineer consultations if complex issues arise.
Simple checks may take 1-2 weeks; full due diligence involving multiple agencies can extend to 2-4 weeks. The timeline depends on document availability and any required permits.
Yes. A lawyer with local Lombardy experience helps interpret regional planning rules, negotiates issues with the seller, and ensures the rogito includes all necessary protections. Lawyers coordinate with notaries and engineers as needed.
Visura ipotecaria is a mortgage search that reveals liens or encumbrances on a property. It helps buyers avoid purchasing a property with outstanding debts or claims against it. It is a standard part of the due diligence package.
Visura catasta shows cadastral data such as boundaries, area, and property classification. It confirms that the plan matches the actual building and helps detect inconsistencies before closing.
The certificato di agibilità certifies that a building meets safety and habitability standards. It is typically required for the rogito and for activating utilities. Without it, some transfers may be blocked.
Check for SCIA or CILA approvals and confirm the building permits are current in the municipal regime. Review the related project plans and ensure conformity with current regulations.
Due diligence is a broader process that includes title verification, encumbrances, planning compliance, and regulatory checks. A title search focuses specifically on ownership and transfer rights.
Yes, unauthorised or non-conforming construction can occur. A lawyer helps identify such issues through permits records, and negotiates remedies or price adjustments before closing.
Structural defects may appear in reports from engineers or in permits and certifications. A lawyer coordinates with technical professionals to document defects and negotiate remediation obligations.
The following official resources provide guidance on Real Estate Due Diligence in Italy, with practical tools to support buyers in Cologno Monzese.
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