Surveyor reviewing cadastral floor plans and a building-compliance report, with Tuscan landscape beyond the arched windows
Checking the legitimate state: building titles, cadastral floor plan and the property's actual state, compared side by side.

It happens all the time. You decide to sell your house, or renovate it, or buy a new one — and at some point out comes the phrase no one wants to hear: "the house isn't in order on paper". A moved window, a partition that isn't on the floor plan, a loft turned into a bedroom, an extension built thirty years ago by the previous owners.

The good news is twofold: first, it's not your fault and it happens to the vast majority of homes, especially the older ones. Second, since 2024 the regulatory picture has changed for the better thanks to Salva Casa. In this guide I'll explain, in plain terms, what "compliance" really means, why it matters right now and how to move without panic — whether you have an apartment in the Piana di Lucca or a historic house in Versilia.

Two kinds of compliance, not one: cadastral and planning

The first misunderstanding to clear up is that there are two kinds of "compliance", different from each other, and both are needed.

  • Cadastral compliance. This concerns the floor plan filed with the Land Registry: it must match the property's actual state. If you've moved a bathroom or joined two rooms and the floor plan was never updated, you're out of order.
  • Planning/building compliance (the "legitimate state"). This concerns the building titles: what exists today must be covered by the permits issued over time. It's the most delicate check, because on an old house the works have often been layered over decades.

They are distinct things: you can have a perfect cadastral floor plan and still a planning problem, or vice versa. At the point of a sale you need both in order. And this is where many negotiations get stuck — not because the house has a serious defect, but because no one had checked beforehand.

Why it matters right now

Compliance isn't a bureaucratic detail to put off: it's the precondition for three concrete moments.

  • Selling. At the deed the notary must be able to attest regularity. A discrepancy discovered at the last minute can wreck the deal, or force a renegotiation of the price with the buyer in a position of strength.
  • Mortgage. Before lending, banks check the state of the property. An irregularity can block or slow down the financing.
  • Tax incentives and renovation. You can't calmly access the deductions on a non-compliant property. As we saw in the guide on how to renovate a house in 2026, the technical side must be sorted out before opening the site, not once the works have started.

Salva Casa: what has changed (for the better)

Here's the topical hook. The Salva Casa Decree (Decree-Law 69/2024, converted into Law 105/2024, now fully in force in 2026) has simplified the handling of building discrepancies. Note one point that causes enormous confusion: it is not an amnesty. It's not an extraordinary regularisation like those of the past. It acts on the ordinary rules of the Building Code, making them more manageable.

In practice, it has done three useful things: it has widened construction tolerances (small deviations that are no longer considered an abuse), it has simplified the proof of the legitimate state, and it has introduced a more streamlined procedure to regularise partial discrepancies. Many irregularities that were previously difficult or impossible to regularise now fall within the cases where regularisation is possible.

An honest clarification, though: not everything can be regularised. The most common misconception is thinking that any irregularity automatically falls within tolerances. It doesn't. Substantial abuses — new volumes that aren't permitted, structures with no title whatsoever — remain excluded. A technical reading, case by case, is required.

The three-tier system, explained simply

To get your bearings, picture the irregularities arranged on three steps:

  • Tolerances. Minimal deviations, within the thresholds set by the rules. Here there is no abuse to regularise: the discrepancy is considered physiological. It's the lightest step, and Salva Casa has widened it.
  • Partial discrepancy. Works carried out at variance with an existing title. This is the middle band: regularisable through the assessment procedure, if the conditions are met.
  • Substantial abuses. Works without a title or not compatible with the planning framework. Here the limits stay firm and the assessment is more complex.

Understanding which step your house sits on is exactly the surveyor's job. And it's what turns a vague anxiety into a problem with a precise solution and a predictable cost.

What to do, in practice

The golden rule is a single one: check first. Before putting it up for sale, before signing a preliminary contract as a buyer, before opening the site. The check of the legitimate state is done like this: you retrieve the building titles at the Municipality (access to the records), compare them with the cadastral floor plan and with an on-site survey of the actual state, and put in writing what matches and what doesn't.

From there, if something emerges, you choose the right tool: a simple cadastral update, a regularisation, or — in the more serious cases — a formal amnesty path. Done in advance, it's routine administration. Done under pressure, with the negotiation open, it becomes a lever in someone else's hand.

Frequently asked questions

What's the difference between cadastral compliance and planning compliance?

Cadastral compliance concerns the match between the floor plan filed with the Land Registry and the actual state of the property. Planning/building compliance concerns the building titles: whether what exists today is covered by the permits issued over time (the so-called "legitimate state"). They are two different checks and both are needed, for example at the point of a sale.

Is Salva Casa a building amnesty?

No. Salva Casa (Decree-Law 69/2024, converted into Law 105/2024) is not an extraordinary amnesty: it acts on the ordinary rules of the Building Code, widening tolerances and simplifying the regularisation of small discrepancies. Not everything can be regularised: substantial abuses remain excluded.

Can I sell a house with a discrepancy?

It depends on the type of discrepancy. Many small irregularities are resolved before the deed with a regularisation, or fall within tolerances; others must be sorted out. The point is to find out first: an early technical check prevents the sale from stalling during the negotiation or at the notary's.

How do I know if my house is in order on paper?

You need a check of the legitimate state: you retrieve the building titles at the Municipality, compare them with the cadastral floor plan and with the property's actual state. It's a technical analysis best entrusted to a professional, ideally one independent of whoever will carry out the works.

Buying, selling or renovating in Lucca or Versilia?
With Pietraviva the compliance check is done by a professional who stands behind every word: verification of the legitimate state, clarity on what needs fixing and the simplest route to do it. Not the firm that sells you the works — the professional who protects you.

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The information provided is current as of July 2026 and is indicative and informational only: it does not replace the assessment of a qualified professional. The regularity of each property must be assessed case by case with a dedicated technical review.