With the Legislative Decree n. 14/2019, the so-called ” Code of Business Crisis and Insolvency “, the discipline contained in Legislative Decree no. 122/2005, containing a series of provisions to protect buyers of buildings to be built .
Among the most significant changes there is the obligation to stipulate the preliminary contract of sale of the building to be built, or equivalent, by public deed or authenticated private deed .
The adoption of this form will entail, therefore, the obligation to transcribe the preliminary contract at the Real Estate Conservatoria , obtaining greater protection from the promisee purchaser where subsequent transcriptions and / or subsequent registrations are made on the property.
The purpose of this provision is mainly to ensure the legality check by the Notary, on which the burden of verifying that the seller has fulfilled the legal obligation consisting of:
- stipulation of the guarantee , introduced by Legislative Decree 122/2005, to guarantee the repayment of the amounts paid by the promisee purchaser to the promissory seller before the sale;
- in the release, at the time of signing the final contract of sale, of the posthumous ten-year policy, as per art. 4 of the same Decree, to cover material and direct damage to the building, including damage to third parties, pursuant to art. 1669 cc, deriving from total or partial ruin of the asset, or from serious construction defects of the works, from ground defect or construction defect, manifested after the signing of the contract of sale or assignment.
With regard to the aforementioned guarantee , Legislative Decree no. 14/2019 has expanded its content, providing for the possibility of enforcement , as well as in crisis situations of the manufacturer, for the hypotheses predetermined by law, even where the Notary certifies that he has not received, for the date set for the sale, the 10-year posthumous policy and the buyer declares to withdraw from the preliminary contract.
Furthermore, in the preliminary contract, the Notary must expressly indicate the details of the guarantee and certify its compliance with the format to be defined with a specific ministerial decree.
As for the posthumous ten-year policy , on the other hand, the Legislative Decree 14/2019 has provided for the obligation of delivery under penalty of nullity of the purchase agreement, which may be enforced by the purchaser only.
This policy must also comply with the format that will be outlined with a specific ministerial decree.
The changes introduced by Legislative Decree 14/2019 will apply to all preliminary and final purchase and sale contracts concerning buildings to be built for which the building permit has been requested or presented after March 16, 2019 and the relative provisions the surety and the insurance policy indicated above will also be applied pending the adoption of ministerial decrees, which will establish the content and minimum characteristics.