Specifics of the registration of apartments or premises that form part or a building

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1. With respect to the registration of the apartments of the condominium: are there any specific formal characteristics of the registration related to the condominium or any characteristics that indicate that such apartments are subjected to a condominium, such as a formal statement, a number or other sign in the condominium or the corresponding share related to each apartment?ENT?

There are no specific formal characteristics of the registration related to the condominium, nor other characteristics that clearly indicate that the apartment is subjected to a condominium. It is always necessary to check the related deed.

2. Anyway, does registration of the apartment include the share of the apartment related to the global condominium?

The transcription of the purchase, even when it doesn’t include a description of the common parts, also covers the co-ownership share on the common parts of the building.

3. What type of relationship is there between the registration of the building and the registrations of the apartments? Are the building and the apartments in absolutely separated registrations, with no connection at all?

In the Italian system the whole building, as soon as completed, must be declared at the Cadastre, through a licensed professional, using appropriate software procedures, called PRE.GEO and DO.C.FA. These duties have to be fulfilled before 30 days from the moment when the buildings became habitable or usable for their destination (art. 34-quinquies of the Decree Law 10 January 2006, n. 4).  The document representing in graphic and descriptive way the whole building with the different housing units and the common parts is called Elaborato Planimetrico see annex n.1. This document can be requested by anyone at the cadastral counters.

As for the land registries, the new buildings are not automatically inserted in them, but they are registered only when transferred, as a consequence of the registration of the related deed. Until that moment, the name of the owner can be found in the cadastral data base.

4. Which physical data of the apartments are usually collected in the registration to describe the property? (Floor or storey where located, surface, boundaries, access, rooms, postal address, cadastral code).

The description of the immovable subject to transcription is included in the part B of the notation. It is compulsory to indicate: the municipality where the asset is located and the related cadastral code, the kind of cadastre (Land or Building), the cadastral section, the map sheet, the parcel and the possible subordinate number (see annex n.2 – transcription of the sale -). The indication of other descriptive data, such as the address and the area, is not compulsory and so it is not always included in the notation. The common parts of the building can (but it is not compulsory) be indicated only if they are specified in the deed. In the part D of the notation, where the applicant can indicate any other information useful for the transcription, one can find information related to the shares on the common parts or to the statute of the condominium.

5. If registrations in your system refer to a plan or to the cadastral map, how (if at all) does the plan show the position (horizontal and vertical) of the apartment within the building?

See answer to question n.3.