Irregularities
In the language of court auctions, an irregularity (difformità) is the gap between what a property is really like and how it appears in the official documents that concern it: the building permits under which it was built or altered and the data filed with the land registry. When the actual state of the property does not match what was authorised or declared, we speak of an irregularity. It is one of the items that weigh most on the value of an asset at auction, and one that buyers need to learn to read.
Planning/building and cadastral irregularities
Not all irregularities are the same. The two main families are:
- Planning and building irregularities: the property, in whole or in part, does not match the planning authorisations (building permit, SCIA, any amnesties). This includes a veranda enclosed without authorisation, a mezzanine never declared, a different internal layout, an extension that was not approved. In essence, they are unauthorised building works.
- Cadastral irregularities: the actual state does not match the floor plan filed with the land registry. Perhaps the rooms are different, or the floor area does not add up. They concern so-called cadastral compliance.
The two often go together: work that was never authorised has almost always never been updated in the land registry either. In terms of seriousness, a further distinction is made between total irregularities, partial irregularities and essential variations, with different consequences for the possibility of regularising them.
Why irregularities matter at an auction
In a forced sale, the snapshot of the property is taken by the appraisal report of the expert appointed by the court. That is where irregularities are identified and described and — the decisive point — where the cost of regularising them is estimated. That cost is factored into the value of the asset and helps explain why the starting price is lower.
In other words: a big discount is sometimes not a gift but the reflection of irregularities that need to be fixed. Reading the appraisal report serves precisely to understand whether that “problem” is manageable and how much it really costs.
Curable and incurable irregularities
Some irregularities can be regularised, others cannot. Classic regularisation goes through the compliance assessment (accertamento di conformità — the so-called double compliance required by the Consolidated Building Act, DPR 380/2001), which requires the work to have complied with the rules both when it was carried out and when the application is made. When this is not possible, the irregularity remains and in some cases may entail an obligation to demolish or restore.
In recent years the framework has shifted: the reform known as “Salva Casa” (2024) widened construction tolerances and some options for regularising minor irregularities. It is an evolving area, so it is always wise to check the current rules for each individual case.
The advantage of buying at auction
There is one aspect that many people do not know. On the open market, a property with planning irregularities may even be unsaleable until it is regularised. In forced sales, however, the law provides a special regime: the successful bidder can still buy the asset and has a deadline — 120 days from the transfer decree — to apply for regularisation or amnesty, where the conditions are met (art. 46, paragraph 5, DPR 380/2001).
This means an auction can be the way to get your hands on an irregular property at a price consistent with the cost of regularisation, with a window of time to bring it into compliance. Provided you have done your sums properly beforehand.
What to do before bidding
There is only one rule: the irregularity must be understood beforehand, not discovered afterwards. In the appraisal report you will find what irregularities exist, whether they can be regularised and the estimated cost of fixing them. From there you calculate the real cost of the operation — award price, taxes and, indeed, regularisation — and decide whether the deal stands up. In more complex cases, a technical professional (surveyor, architect or engineer) can assess whether regularisation is possible and what it costs more precisely.
On addicta every auction shows the court and the procedure number: so you can trace the appraisal report and check the situation directly at the source.
Information provided for general purposes, not legal or technical advice. Building and regularisation rules change over time: in any specific case, the procedure documents and the legislation in force prevail.