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Properties to be built: the preliminary contract must be stipulated by the notary

  • 26/03/2019

The new Corporate Crisis and Insolvency Code, pursuant to Legislative Decree 12 January 2019, no. 14, involves some important innovations to the Legislative Decree 20 June 2005, no. 122.

In particular, the preliminary sales contract relating to properties to be built, must be stipulated by official record or by an authenticated private agreement. This regulation applies to contracts concerning the property sale of buildings for which the construction permission has been requested, and which are still to be built or whose construction has not been completed, being in a state that does not yet allow the issue of the certificate of viability, provided that such construction permission has been requested or presented after March 16, 2019 (date of entry into force of the Code on business crisis).

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