The Building Regularity Certificate (ARE) also called Building Regularity Report (RRE) is a recent innovation introduced in February 2017, mandatory for real estate transactions intended for residential and commercial use. This is a declaration issued by a qualified and registered professional, which certifies the conformity of a property intended for sale. In addition to its fundamental role in the context of real estate transactions, the ARE is also important for potential real estate transactions renovation who can benefit from tax breaks, as well as for donations and other transfers of rights to third parties.
Essentially, this certificate, also known as certificate of urban planning compliance, certifies that the municipality has authorized the construction and any changes made to the property. It therefore represents a certificate of conformity between the current state of the building and its authorized building situation.
How to obtain the building compliance certificate
The ARE is issued by a qualified professional registered in the competent register. The costs associated with its release vary according to the size of the property and are usually borne by the seller, unless otherwise agreed between the parties.
The procedure involves a series of steps, which include an inspection of the property to carry out a detailed survey, access to the documentation from the municipality and the land registry and finally the comparison between the survey carried out and the documentation collected. Once the process is completed, two paper copies of the building compliance certificate are issued.
Usefulness and deadlines of the building compliance certificate
The ARE is essential to verify the conformity of the property and to identify any building abuses. For example, an apartment may have been renovated without any documentation having been filed with the municipality, which may have a different building project.
In the event of discrepancies, the certificate is essential to be able to carry out various operations, including sales, mortgage requests, renovations, donations or transfers of rights to third parties and subrogation of the mortgage. Its validity and relevance are therefore crucial to guarantee the correctness and legality of real estate transactions.
What happens if the building compliance report is not updated?
Although not mandatory, as we have seen, it is a very important technical report. The consequences of having one building compliance report not updated can be significant and can impact the security and transparency of real estate transactions. Some of the possible consequences include:
In general, an outdated construction compliance report can create problems and uncertainties that can affect the safety and transparency of real estate operations. It is therefore important that the reports are updated and verified regularly to ensure the regularity and safety of the properties.
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