Real estate due diligence is an essential tool for purchasing a property safely, knowledgeably, and free of hidden risks.

Such activity is provided by Studio legale Mura throughout a comprehensive conveyancing legal assistance offered to private individuals, companies, and real estate investors from the preliminary phase (including the drafting of preliminary contracts) up to the notarial deed of sale, in order to provide a comprehensive and coordinated legal and technical assessment.

Our due diligence activity consists of verifying the legal and technical aspects related to specific properties in order to facilitate a transparent purchase and avoid prejudicial consequences for the purchaser. It is conducted in collaboration with qualified professionals (surveyors, architects, engineers, agronomists, etc.) with proven experience in the relevant territory and is characterized by the following main phases:

Premises and Objectives

Legal and technical assistance aimed to obtain a fully informed evaluation of the legal and technical status of a property

Legal Due Diligence

Verification of Title

  •  Verification of full legal ownership of the property, and of the continuity of recordings in the real estate public records for at least 20 years from the originating deed (notarial deed of sale, succession, donation, etc.). This is a legal requirement according to Italian jurisdiction, aimed  to ascertain the validity of a title to property: Italian law requires that the chain of recordings, typically for the preceding 20 years, be regular and uninterrupted).
  • Verification of absence of any encumbrances, mortgages, foreclosures, or undeclared easements.

Verification of urban planning and building regulations status

  • Comparison between the current state of the building and the relevant building permits/titles (planning and building permissions, Certified commencement of works notice [SCIA], Commencement of works declaration [DIA], building permit).
  • Verification of compliance with urban planning and cadastral plans.
  • Correct and consistent cadastral identification matching the titles of ownership.
  • Examination of the updated cadastral plan.
  • Verification of correct property classification and cadastral income.
  • Check for any building violations or discrepancies to be rectified.
  • Request for the Certificate of Urban planning destination (Certificato di Destinazione Urbanistica).

Verification of any existing contracts involving the property

  • Leases, loans for use, easements, pre-emption rights, works contracts, supply contracts, etc.: analysis of relevant terms and clauses.

Verification of any encumbrances and burdens on the property

  • Landscape, hydrogeological, historical-artistic, and archaeological constraints.
  • Any third-party rights (easements, rights of pre-emption, civic uses).

Technical Due Diligence

Appraisal of the property value based on market value

Structural and plant engineering inspections

  • Assessment of the building’s state of repair.
  • Obtaining plant system certifications (electrical, water, gas, heating, fire prevention).
  • Execution of geological or structural reports, if necessary.

Energy and Environmental Certifications

Upon completion of the due diligence activity, a clear and comprehensible written report is prepared. It contains an indication of any critical issues identified, risks associated with the purchase, and possible operational solutions, with client assistance also provided during the negotiation phase and the execution of the notarial deed.

The objective is to enable the client to make informed decisions and avoid disputes and unforeseen costs.