You have found the home and the seller is in a hurry to set the preliminary contract. This is the moment to slow down: errors about mortgages, building violations or origin of title are discovered later and cost far more than the checks made before signing.
- Before signing, check: mortgages and attachments, planning and cadastral conformity, the origin of title of the property and condominium expenses.
- A planning irregularity can make the deed of sale null: the particulars of the building permit must be stated.
- The deposit and the purchase offer may bind you: read them before signing.
- The preliminary contract can be registered to protect the purchase.
Updated on October 14, 2026.
The checks, one by one
1. Mortgages, attachments and court claims
A mortgage search shows whether the property is encumbered by mortgages, attachments or other prejudicial registrations. A mortgage can be cancelled, but the contract must provide how, when and at whose expense: usually with the sale price.
2. Planning and building regularity
In Campania this is the most delicate point: enclosed verandas, attics, extensions and changes of use without a permit are frequent. For deeds of sale the particulars of the building permit that legitimised the construction or its modifications must be stated (art. 46 of Presidential Decree 380/2001 and art. 40 of Law 47/1985). The absence of these particulars can lead to nullity of the deed. Ask the surveyor to check the state of the premises against the approved plans and the certificate of habitability, and check whether any amnesty applications are pending.
3. Cadastral conformity
The deed must show the cadastral identification and the declaration that the actual state conforms to the floor plans (art. 29, paragraph 1-bis, Law 52/1985). A floor plan that differs from reality must be regularised before the deed.
4. Origin of title and gifts
If the seller received the home by gift or by succession, there is a risk that other heirs of the donor may take action for infringement of the reserved share. This is one of the reasons why banks ask for precautions on mortgage loans. If you want to understand what may happen, also read the guide on fictitious reunion and the disposable portion.
5. Condominium, expenses and resolutions
Ask the administrator for the accounts, the arrears and the works resolved. The buyer is jointly liable with the seller for contributions relating to the current year and the previous one (art. 63 of the implementing provisions of the Civil Code).
6. Energy performance certificate and habitability
The energy performance certificate (APE) must be attached or delivered in accordance with the transparency rules; the lack of a habitability certificate can affect the value and use of the property.
Offer, preliminary contract and deposit
An offer accepted by the seller may already be binding: we discuss this in the guide on the binding purchase offer and the deposit. With a confirmatory deposit (art. 1385 c.c.), whoever withdraws loses the deposit or returns it doubled. The preliminary contract of sale can be registered (art. 2645-bis c.c.): it protects the buyer if the seller sells to others or suffers attachments after signing.
Frequent case
A buyer pays the deposit for an apartment with a terrace enclosed as a veranda. The surveyor discovers afterwards that the veranda does not appear in the building permit and the cadastral floor plan is different. If the preliminary contract provided no conditions, withdrawing can cost the deposit; if there were clauses on regularity, one can ask for the situation to be put right or withdraw. Generic example: names, places and amounts are not real.
Frequently asked questions
Can I buy a home with a building violation?
It depends on the type of violation and the possibility of regularisation. A violation that cannot be regularised can prevent the deed or greatly reduce the value: have it assessed first by a surveyor.
Who pays the arrears of condominium expenses?
In relations with the condominium, the buyer is liable for the current year and the previous one; between seller and buyer it is possible to agree otherwise in the contract.
Is it worth registering the preliminary contract?
When significant sums are paid, usually yes: registration protects against the seller’s later circumstances, but requires a notarial deed or authenticated private agreement.
Home, property and condominium: all the Firm’s services
The route that usually makes sense
The possible routes: sign right away, sign with conditions, or carry out the checks first and then the preliminary contract.
Which one usually makes sense and why: first carry out the minimum checks (searches, surveyor, condominium) and insert in the preliminary contract clauses on regularity and mortgages, because after the deposit you have less room for manoeuvre.
What to do right away: ask the seller for the title deed, floor plan, habitability certificate and APE, and have a professional read them before signing.
This is not a promise of any outcome: every case depends on the documents.
How Avv. Fiorentino can assist you
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Sources: Normattiva, Court of Cassation. Author: Avv. Renato Giuseppe Fiorentino, Naples Bar. Informational text, it does not replace an opinion on your case.
(Read also): Legal guides from Studio Legale Fiorentino · How to buy a home and sign contracts without risks: the easy guide for everyone · Buying a home safely: guide to the preliminary contract
Translated from the Italian original; updated on October 18, 2026.
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