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The merging and splitting of properties represent the most recurring practices. Splitting and merging are interventions that cause a change in the number of real estate units. If carried out correctly, as part of the modification interventions on a property, they can lead to an improvement in spaces and living comfort. However, these needs occur not only for the purposes of improving liveability, but also within different cases, such as an inheritance division, the sale of a portion of a real estate unit, to rectify and remedy a previous abuse, because it has been purchased an adjacent real estate unit and in other different circumstances.

Regulatory notes: the old and new regulations

Before the advent of Sblocca Italia Decree n. 133/2014, the merging and subdivision works of properties were considered to all intents and purposes to be heavy building renovation interventions. That is, all the internal works for the opening of communications between distinct real estate units, or on the contrary, the creation of partitions and divisions to obtain more residential units from an apartment, with the related works to move or modify the heating, water and anything else, they were subject to the presentation of the actual building practice. It was therefore mandatory to issue the Building Permit and simultaneously pay the related costs to the Municipality.

With the new Decree, however, as dictated by theArt. 3, paragraph 1, letter b, of the Presidential Decree 380/2001, the works of subdivision and merging of properties have been “downgraded” as extraordinary maintenance interventions, therefore to date, to begin such works of subdivision or merging of real estate units, a sworn notice of commencement of works, known as CILA, is sufficient.

The sworn start-of-work communication (CILA)

Extraordinary maintenance interventions, such as splitting and merging of properties, can be carried out by submitting the CILA. This communication must be sent to the relevant municipal administration or to the One-Stop Shop for construction of the relevant municipality. The investigation consists of a technical report accompanied by the appropriate design documents, signed by a qualified technician. He preliminarily declares that he has no relationship of dependency with the company, nor with the client and certifies, under his own responsibility, that the works comply with the approved urban planning instruments and with the building regulations in force. And for them the state and regional legislation does not provide for the issuing of a qualification.

The subdivision of a property

The term subdivision refers to the process that divides a property into smaller parts, giving life to two or more autonomous units. This process, depending on the individual case, may involve different procedures and compliance with certain rules. For example, it may be necessary to request a building permit, submit a Cila or seek approval from local authorities. Furthermore, any procedures relating to the splitting of the supplies of the various users must be evaluated, so that each new real estate unit obtained from the splitting is adequately served and independent. Furthermore, if the split concerns a property located in a condominium, it is always necessary to consult the condominium regulations.

Splitting of a cadastral and urban planning property

There are two types of subdivision, cadastral and urban. The first involves the registration at the Land Registry of the subdivision of a property into independent parts, an operation which leads to the assignment on the cadastral map of new subordinates for each of the new real estate units created with the subdivision itself. Urban subdivision, on the other hand, concerns building interventions actually carried out, for the subdivision of the property, which modify the original plan filed with the Municipality.

Merger of multiple real estate units

The amalgamation or cadastral merger is the process by which two or more real estate units are combined into a single one, and generate larger dimensions. The merger can only take place between two or more contiguous, adjacent, communicating or neighboring units, which must belong to the same property. This procedure usually involves modifying the structures of the properties involved, for example by eliminating dividing walls or creating openings.

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Documents you need to submit a CILA

To submit a CILA you need the following documentation:

  • Property deed
  • Qualifying title for the work (amnesty and/or building project)
  • Pre/post construction report and project signed by a qualified professional
  • Reversals and payments of secretarial fees and sanctions (if intervention in amnesty)
  • DURC executing company (Single Contribution Regularity Document)

Costs and times for a sworn Work Start Certification

Time required for a CILA in the event of a merger or split

The timing varies depending on the size of the properties to be merged or divided. In general it takes ten working days.

Costs necessary for a CILA in the event of a merger or split

The cost for carrying out a CILA for splitting or merging varies from one thousand to one thousand five hundred Euros plus VAT plus stamp duty (and municipal sanctions if it is carried out under amnesty)

What does it mean to split a property?

It means dividing a real estate unit into one or more parts

What does it mean to merge a property?

It means uniting one or more properties, whether contiguous, adjacent, communicating or neighboring

What are the costs for merging or splitting a property?

It varies from one thousand Euros to one thousand five hundred Euros plus VAT plus stamp duty