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Italian_Lawyer
Italian_Lawyer, Other
Category: Italy Law
Satisfied Customers: 3
Experience:  I am an Italian qualified solicitor and I am available to answer your Italian law questions.
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My daughter and family have had a house built in Montibella

Customer Question

My daughter and family have had a house built in Montibella in district Pescara, she actually moved in believing it to be complete March 2010 I questioned about documents and she went to the Architect who had designed applied for planning etc and appointed a builder. She was shocked when she was told that the House is totally illegal. He informed her that you are not allowed to use the space under the roof and there are 3 bedrooms and a bathroom. I ask her to collect all the plans etc and let me see what plans she has and I collected all the plans from the Commune in Montibella, the document that the owners should sign to say they approve, was just a scribble, I compared them with their passports. I consulted a local Solicitor who wrote to his and his lawyers denied any responsibility. The Solicitor said, that you can start civil proceeding or criminal, If I commence civil he will commence criminal against my Daughter and family and in either case it will take years and they will not be able to use the house, they have paid some E300,000 Euros it now has one bedroom/office is the Solicitor correct and is there any other organization we can turn to?
Submitted: 4 years ago.
Category: Italy Law
Expert:  Italian_Lawyer replied 4 years ago.
Dear customer,

Thank you for contacting JustAnswer.

Could you please specify if the Architect has adviced you during the whole renovation process? In which conditions was the house when you bought it? Did you buy it through an agency?

I looked forward to hearing from you.

Best,

Tiziana
Customer: replied 4 years ago.

They purchased a part built, (Just the infrastructure) house and land and had an architect report as to the safety etc. The architect had a copy of this report and was satisfied. However, as they had only little command of Italian the architect introduced a friend not a professional who also spoke English, They were informed that he had filed for planning and it had been passed. The builders were instructed with plans and although they did not go to the house only once, the first time they met the builder was the second time he was armed with a plan, it certainly looks like an architects plan reduced to 100th He required the colour scheme for the bathroom, this plan clearly shows a plan of the attic with 3 bedrooms and a bathroom and the copy is in his hand writing and a utility room on the ground floor with a kitchen for occasional use. I verily believe that the architect did not make any site inspections, because he would have seen the division and later the doors to bedroom and bathroom in the attic but no one will admit to making the small drawings? They did not buy through an agency they saw it advertised loved the location and agreed a purchase with the owners that was signed before the notary with a full translation also of the architect surveyed. It was the low offer by the architects wife who also has an estate agents office, why would it be for sale, they had only just had it built, she says "to help you out" my daughter said, if you can sell it why then are we not allowed. When she went to see the architect, said, I cannot sign it off it is totally illegal and you can't sell it or use it. My daughter questioned why he had not contacted her in some two and a half years. They had believed that it was finished, the builders had left the site, they did not actually live in the house but spent the next two and a half years until October 2012 furnishing it and doing the garden when they had time to go there.

 

I must say, that the builders have done a beautiful job of building the house, I am experience with new building and could not find one fault. he was not very helpful when we approached him but I expect the architect provides a number of jobs and he does not want to criticize him.

David XXXXX

 

 

 

Customer: replied 4 years ago.

Ref my reply for further details, the other point is I am unsure if you are aware of a European Court Direction regarding housing?

 

I'm being pressed by the lawyer in Italy for a decision, when can I expect you advise?

 

David XXXXXX

Customer: replied 4 years ago.

Dear Tiziana

 

Have you any advise for me regarding, the Architect that was appointed to design, apply for planning and I believe to ensure that the house meets the local regulations. In such cases what are our legal rights. My family have a house that according to the Architect is totally illegal, so they can't live in it or sell it

 

David XXXXXX