What Are the Limitation Periods for Property Defects in Italy?

Question from Cash, What Are the Limitation Periods for Property Defects in Italy?

Answer from AI:

When purchasing a property in Italy, especially one that is part of a condominium, it’s important to understand the limitation periods for raising claims regarding defects. These periods are defined by Italian law and can vary depending on the nature of the defect.

Understanding Defects in Property

In Italy, defects in property are generally categorized into two types:

1. Major Defects: These are significant issues that affect the structural integrity or essential functions of the property.
2. Minor Defects: These are less severe issues that do not impact the property’s fundamental usability but may still require attention.

Limitation Periods for Defects

The Italian Civil Code provides specific limitation periods for raising claims about defects in newly constructed properties:

• Major Defects: The limitation period is 10 years from the completion of the construction. This is based on Article 1669 of the Italian Civil Code, which covers serious defects that could endanger the building’s stability.
• Minor Defects: The limitation period is generally 2 years from the delivery of the property. This is outlined in Article 1667 of the Italian Civil Code, which deals with less severe defects.

Steps to Take When Discovering Defects

If you discover defects in your property, consider the following steps:

1. Document the Defects: Take photographs and keep records of any correspondence with the construction company.
2. Notify the Seller: Inform the construction company or seller in writing about the defects as soon as possible.
3. Seek Professional Advice: Consult with a legal professional to understand your rights and the best course of action.
4. Consider Mediation: Before pursuing legal action, consider mediation or negotiation with the seller to resolve the issue amicably.

Legal Advice and Resources

While this information provides a general overview, it’s crucial to seek personalized legal advice to address specific situations. A legal professional can offer guidance based on the details of your case and help you navigate the legal process effectively.

For more detailed information, you can refer to the [Italian Civil Code](https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:regio.decreto:1942-03-16;262) and other legal resources available online.

Remember, the limitation periods are strict, and failing to act within these timeframes can result in losing the right to claim. Therefore, timely action and professional consultation are essential.