How to present yourself at the notarial deed

WHICH DOCUMENTS ARE NEEDED FOR THE STIPULATION OF THE NOTARY DEED?

To present themselves "in order" before the notary at the time of drafting the notarial deed, the parties must produce multiple documents: here is a list of all the necessary certificates relating to the property and the parts The sale of a property is formalized with the signing of the notarial deed. Once the private negotiation is concluded, the definitive transfer deed is carried out, which is precisely the notarial deed or deed. It is at this time that the parties must produce to the notary a series of documents necessary and useful for the drafting of the deed. In this discussion, attention has been paid to the aspect of document production with regard to the parts, indicating and describing the various documents with precision. On the other hand, the other aspect of the documentation more inherent to the obligations and specific notarial competence was omitted, or rather, it was preferred not to deal jointly in this same place. In fact, given the importance and complexity of the subject and, above all, the gravity of the consequences deriving from the non-compliance with the obligations envisaged, it deserves a more complete investigation. Given the above, we will proceed by clearly distinguishing the documents concerning the property (differentiating land and buildings) from those concerning the parties.

DOCUMENTS RELATING TO THE PROPERTY (deed of purchase)

And the previous deed of purchase of the asset object of the sale (it can be constituted by a deed of sale, donation or a declaration of succession). It is produced by the current seller (the one who in the previous deed is, respectively, buyer, donee, heir or legatee). Indicates the origin of the asset, the holder of the power of disposal and any existing limits (ex .: usufruct. Easement, right of use or housing). The data contained therein are reported in the deed (description of the property and any appurtenances with indication of the respective boundaries, cadastral identification data, thousandth shares of co-ownership in the case of condominium property, registration details and transcription of the deed).

Certificate of definite evaluation

It is produced by the seller only in the event that the deed of origin is after 1 January 1963 and there has been a dispute of the price or value declared in the deed (sale, donation, declaration of succession) with consequent assessment of greater value. Issued by the Registry Office, it definitively and certainly certifies the value attributed to the property being transferred (this value is the minimum declarable value: it can be increased, but not decreased).

Certificate of congruity

It is issued by the Registry Office that received the deed (of origin) when no assessment of the declared value has been made. It can be requested only after the expiry of the term of three years from the date of payment of the registration tax. (Given the existence of this time limit, it cannot always be produced).

Splitting up

It occurs only in the event that the object of the transfer is a land and a modification has been made by dividing it. It is issued by the competent Land Registry Office (NTC) (place where the land is located).

NCEU (New Urban Building Cadastre) cards

It is an identification document issued by the competent Cadastre Office (place where the building is located) which is produced only if the object of the transfer is a building. after 1 September 1967. If earlier, no document is required because the seller's declaration is sufficient, that. under his responsibility, he certifies, in fact, that the construction works of the property began before 1 September 1967 and subsequently no changes were made that required authorization measures (otherwise they must be produced). Even in the case of internal changes for which an authorization provision is not required, but a Communication to the Municipality pursuant to art. 26, law n. 47/85, the Communication must be produced, the details of which will be reported. For buildings built after 1 September 1967, the building permit or concession issued by the competent municipality must be produced.

Concession in amnesty

In the case of building abuses, i.e. works carried out in the absence or discrepancy of authorizations and for which an application for an amnesty concession has been requested, the so-called "amnesty", the concession in amnesty must be produced, if already issued (an infrequent case). Otherwise it is necessary to produce a copy (the copy issued to the applicant is sufficient if it is not possible to have the authentic one by the Municipality) of the application for the amnesty concession (amnesty application) with the receipts of the payments relating to the payment of the offering and the concession fees. With reference to the "amnesty" we simply limit ourselves to mentioning that the old applications presented by 30 June 1987 are governed by law no. 47/85, while the new legislation (rather complex from an interpretative point of view and with reflections on the previous one, for example in relation to the allegation) is governed by the applications for abuses committed at 31 December 1993.

Urban destination certificate

In the event that the object of the sale is a land, it is necessary to produce the certificate that is issued by the Mayor of the Municipality of the place where the land is located. The certificate is also required for land that constitute appurtenances of buildings registered in the NCEU if the total area of the appurtenance exceeds 5000 square meters.

Habitability certificate - usability

The certificate of habitability (residential properties) or usability (non-residential properties) has value mainly for hygienic-sanitary purposes. It is issued by the Mayor of the Municipality of the place where the property is located as a result of a completion of works in compliance with the building permit previously issued. There is discussion about the obligatory nature of its production by a seller who is not also a manufacturer.

PARTS RELATED DOCUMENTS

Identity documents

Any valid identity document (identity card, passport, driving license) of the parties present in the deed is equally fine to produce.

Extract for summary of the birth certificate

Only useful, not necessary, as proof of the accuracy of the name or names of the parties. It is issued by the municipality of the place of birth.

Tax ID code

If possible, the definitive one must be produced, also of the spouse and of the minors, if present in the act .

Power of attorney

Notarial power of attorney, which can be general or special, in any case in which the holder of the right cannot or does not want to intervene personally in the act, but in his stead, a representative is present.

Certificate of validity

In the event that one of the contractors is a regular company. it is necessary to produce this certificate to verify the powers of the person who presents himself as the legal representative. The latest minutes of the shareholders' meeting and the by-laws of the Company may be requested to verify any limits or changes in powers, which are certainly necessary if the Company is not regular.

Title search to the Court and Protests survey

They can also be requested by the notary notary: the first to ascertain whether the seller has been declared bankrupt or, bankruptcy proceedings are in progress against him and is fully capable of acting. The second is to certify the eventual state of insolvency of the contracting party, be it a natural person or a company.

Extract In the marriage certificate or certificate of free status

The contractors produce on plain paper the certificates that are issued: the first by the Municipality of the place where the marriage is celebrated. the second by the Municipality of residence. They are necessary to establish whether the contracting parties are married and to ascertain which property regime is chosen (shown in the extract) .

Deed of conventional communion or separation of assets

It occurs in the event that the contracting parties are married and have stipulated a convention that regulates their property relations after the celebration of the marriage. Document, indeed. particular documents because they concern only the seller and do not affect the deed. but the documents that the seller can produce for the reduction of the INVIM to which he is subject have fiscal relevance.

Notarial fees and other invoices

The notarial fee is the one paid for the deed of origin and the invoices are those for extraordinary expenses (including condominium pro-quota) incurred for the property. Producing them constitutes an advantage for the seller, as the tax to be paid is calculated on the difference between the initial value of the property, less any expenses indicated, and the final value at 31 December 1992.

Summary Documents relating to the property:

Deed of purchase

Certificate of definite evaluation

Certificate of congruity

Fractionation (land)

NCEU cards (buildings)

Building permit or permit

Concession in amnesty

Urban planning certificate (land)

Habitability certificate - usability

Documents relating to the parties

Identity documents

Extract for summary of the birth certificate

Tax ID code

Power of attorney

Certificate of validity

Title search to the Court

Search protests

Extract of the marriage certificate

Free status certificate

Deed of conventional communion or separation of assets

Notary fee and invoices

Summary Documents relating to the property:

Deed of purchase

Certificate of definite evaluation

Certificate of congruity

Fractionation (land)

NCEU cards (buildings)

Building permit or permit

Concession in amnesty

Urban planning certificate (land)

Habitability certificate - usability

Documents relating to the parties

Identity documents

Extract for summary of the birth certificate

Tax ID code

Power of attorney

Certificate of validity

Title search to the Court

Search protests

Extract of the marriage certificate

Free status certificate

Deed of conventional communion or separation of assets

Notary fee and invoices