Holiday homes without a certificate of occupancy: what the law says and what buyers and renters risk

The certificate of occupancy is the document attesting that a property complies with the health, structural and safety standards required by law. When it is missing, the property — even if in apparently excellent condition — is not formally fit for habitation, and renting it out or selling it as a holiday home can expose owners and buyers to serious consequences. Understanding what the regulations require helps you make informed decisions, whether you are looking for a retreat in Umbria or want to turn a country farmhouse into an income-producing property.

What the certificate of occupancy is and when it is mandatory

The certificate of occupancy — today often referred to in Italy as the "certified notification of occupancy" (SCA) — is issued by the municipality after verifying that the property meets the safety, health and energy-efficiency requirements set out in building regulations. It is required for all newly built properties and, as a general rule, also in the case of major renovations. For very old properties, built before the requirement was introduced, the situation is more nuanced: many of them lack the certificate for historical reasons, which does not automatically make them non-compliant, but it still calls for caution before any sale or lease.

Renting out a holiday home without a certificate of occupancy: the risks for the owner

Anyone who rents out a property lacking a certificate of occupancy for tourist purposes is exposed to several kinds of risk. On the civil side, the tenant may challenge the contract and, in some cases, seek to have it declared void or terminated, with a refund of the rent already paid. On the administrative side, the municipality may impose fines. On the tax side, the tourist rental activity may be deemed irregular if the property is not compliant from a planning and building standpoint. As a rule, short-term rental platforms do not check the certificate of occupancy at registration, but this does not relieve the owner of their legal responsibilities.

Buying a property without a certificate of occupancy: what to know before the deed of sale

The sale of a property lacking a certificate of occupancy is not prohibited outright: the parties may knowingly agree to it, provided the absence of the certificate is expressly stated in the notarial deed. Without this declaration, the buyer may take legal action for defects in the property or for breach of contract. The critical point, however, is a practical one: without a certificate of occupancy, obtaining a bank mortgage is often difficult or impossible. And if the intention is to use the property as a holiday home to rent out, the situation will need to be regularised before it can be operated lawfully.

• Always request the cadastral records and the planning documentation before making an offer.
• Check whether the missing certificate of occupancy is due to a remediable omission or to more serious building irregularities.
• Be assisted by a licensed professional (surveyor, architect, engineer) for the property survey.
• Consult the notary to understand the implications of the deed in the absence of the certificate.
• Contact the municipality's one-stop building office (Sportello Unico Edilizia) to learn which regularisation procedures apply.

How to obtain or regularise the certificate of occupancy

As a general rule, to obtain the certificate of occupancy you must submit a certified notification (SCA) to the municipality, accompanied by a set of technical documents: the structural testing report, the declarations of conformity for the building systems, the energy performance certificate and, where required, the certificate of planning compliance. If the property has building irregularities — that is, alterations carried out without the necessary permits — the process becomes more complicated: you first need to assess whether the irregularities can be remedied through an amnesty or retrospective permit, and then proceed with the regularisation. Timescales and costs vary widely depending on the type of work involved and the municipal regulations in force: this is why it is essential to consult a qualified professional and your municipality before starting any procedure.

The situation in the Umbrian market and in Todi

In the Todi area and in Umbria more generally, a significant share of the housing stock consists of farmhouses, rustic buildings and rural dwellings built decades ago, often without complete documentation. This is not necessarily an insurmountable problem, but it does require a case-by-case analysis. Anyone looking for a property for personal use or for tourist rental should know that regularisation is often possible, but it must be addressed before the deed of sale — not after.

If you are considering a property in the Todi area and have doubts about its planning compliance, the most useful advice is this: do not proceed with the purchase before obtaining a technical survey and the opinion of a notary. Our agency is available to guide you through the local market and, where necessary, put you in touch with the right professionals: contact us for a no-obligation consultation.