The Technical Report for the Notary Deed in Lucca: What It Is and When You Need It

"The notary is asking for a relazione tecnica. Who prepares it?" I get this call often, usually a few weeks before the deed. The short answer: a licensed technician, such as a geometra, after checking the town hall archive, the land registry (catasto) and the house itself.

I'm Salvatore La Rocca, a geometra and technical expert for legal matters in Lucca. This article explains the relazione tecnica integrata (integrated technical report), which checks Italian law requires at the deed, and which ones simply protect you from surprises.

In short

• The relazione tecnica integrata is a report signed by a technician that confirms the planning and cadastral compliance of a property.
• No law makes it compulsory, but many notaries ask for it, because in the deed it is the seller who declares that the property is compliant, and the seller is liable for it.
• It should be done before the preliminary contract (compromesso), not just before the deed: if a problem comes up, fixing it takes time.

What the law requires at the deed

Some checks are required by law. If they are missing, the deed can be void.

What	Law	If it is missing
Cadastral compliance: data and floor plan match the property	Art. 29(1-bis), Law 52/1985	The deed is void
References to the building permits	Art. 46, DPR 380/2001 and Art. 40, Law 47/1985	The deed is void
Energy performance certificate (APE)	Legislative Decree 192/2005	Fines for both parties
Zoning certificate (CDU), for land	Art. 30, DPR 380/2001	The deed is void

The cadastral compliance statement is made by the seller in the deed, but the law allows it to be replaced by a statement from a licensed technician. That is one reason why notaries ask a geometra to check.

"If the deed is valid, there is no problem"

Not quite. Italy's Supreme Court (Joint Sections, ruling 8230/2019) held that the deed is valid if it quotes a building permit that is real and refers to that property, even if the house does not fully match it.

The differences remain, though, and pass to the buyer with the house. They can block a mortgage, make a future sale harder, stop a renovation and, at worst, lead to fines. That is why the technical check matters even when the deed could formally go ahead.

What the report contains

The report puts in writing the legal status (stato legittimo, Art. 9-bis DPR 380/2001) of the property: that it matches the permits filed at the town hall and the cadastral floor plan. It usually includes:

1. the cadastral data, and the check of the floor plan against the property;
2. the list of building permits found in the archive, including amnesties (condoni);
3. the result of the comparison between the approved drawings and the house, with any differences;
4. the differences that fall within the legal tolerances (Art. 34-bis DPR 380/2001);
5. the certificate of habitability (agibilità), if there is one;
6. the protection rules that apply: landscape, heritage, historic centre;
7. a clear conclusion: compliant, compliant within tolerances, or not compliant and what is needed to fix it.

It is "integrated" because it brings together the planning side and the cadastral side, which are often checked separately.

How I prepare it

1. Documents. I need the deed by which the owner acquired the property, the cadastral search (visura) and floor plan, and any permits the owner has.
2. Town hall archive. I request every building file for the property from the archive of the Comune di Lucca, or of the town where it stands. By law, the town hall has up to 30 days to reply.
3. Survey. I measure the house and compare it, room by room, with the drawings and the floor plan.
4. Report. I write up the result and explain it to my client, and to the notary if needed.
5. Fixing what's wrong. An updated cadastral plan, a tolerance statement or a retrospective permit. I explain the options in Sanatoria, Condono or Salva Casa? Legalising Building Works in Italy.

For older houses, built when no permit was needed, legal status is proven with historic records: see Old House, No Building Permit on File? It May Still Be Perfectly Legal.

When to do it

Before the preliminary contract, ideally before the house goes on the market. Archive requests and retrospective permits take the time they take, whatever the date of the deed.

Sellers have every reason to do it early: they negotiate with their documents in order and don't risk postponing the deed or renegotiating the price at the last minute. If you are buying, read Buying a House in Lucca: the Technical Checks to Make Before Your Offer.

What does it cost?

There is no fixed fee. The cost depends on:

• the type of property: an apartment, a detached house, a farmhouse with outbuildings;
• how many files there are in the archive, and how old they are;
• whether a full survey is needed;
• whether differences turn up: updating the catasto or applying for a sanatoria are separate jobs with their own costs and fees.

For an accurate quote I only need the address, the cadastral search and the floor plan. I tell you upfront what the check costs and, if problems come up, what fixing them costs, before going ahead.

Frequently asked questions

Is the technical report compulsory?

No law requires it. The checks in the table above are compulsory, and many notaries prefer a technician to carry them out. In practice, it is now hard to reach the deed without one.

Who pays for it, seller or buyer?

Usually the seller, who declares compliance in the deed and is liable for it. Buyers can also hire their own technician for an independent check.

How long does it take?

It depends mostly on the town hall archive. Start at least a month before the preliminary contract, more if the property has a complicated history.

Is a correct cadastral plan enough?

No. Cadastral and planning compliance are two different things. An updated floor plan does not make an unauthorised extension legal: it is one of the most common mistakes I find.

Selling or buying a property in Lucca?

Send me the address, the cadastral search and the floor plan. I'll tell you what needs checking, how long it takes and what it costs. Reports and video calls in English. I work in Lucca and nearby towns: Capannori, Porcari, Altopascio, Montecarlo, Massarosa, Camaiore, Pescaglia, Borgo a Mozzano, and San Giuliano Terme and Vecchiano towards Pisa.

Book your free call →

This article is general information, not legal advice for your specific case.