Question 1

Is a land register extract without encumbrances enough for a purchase?

Accepted Answer

Usually not. The extract is essential, but it should be compared with the title, cadastral records, position on site, access, planning, permits and contracts affecting the property. The extent of the review depends on the property and intended use.

Question 2

Does a planning certificate mean we can build?

Accepted Answer

No. A planning certificate is an information document and does not confer the right to carry out works. It identifies the status of the property and procedural requirements, while the right to build follows from the permit issued for the approved documents.

Question 3

Can a PUD obtain a use or height that the PUG or PUZ does not allow?

Accepted Answer

A PUD cannot amend higher-level planning instruments. It details the plot within the applicable framework. If the proposal requires different rules, it is necessary to check whether the law allows the appropriate planning instrument and which procedure applies.

Question 4

Can we sign the purchase before the review is complete?

Accepted Answer

Sometimes, if the document preserves a genuine exit and addresses the unresolved points. Conditions before completion, remediation duties, warranties, price retention or a termination right may be required. The suitable protection depends on the risk and bargaining position.

Question 5

What should be checked if a building exists on site but is not correctly recorded?

Accepted Answer

The permit, approved documents, acceptance records, cadastral records and land register entry should be reviewed. Technical documents, cadastral work or other measures may be required, and the solution depends on how and when the building was completed.

Question 6

Who bears the cost of delay or additional works?

Accepted Answer

The answer depends on the contract, cause of delay, instructions, compliance with notice procedures and project evidence. The chronology and site records should be analysed before the cost is accepted or rejected.

Question 7

Can defects still be pursued after acceptance?

Accepted Answer

Yes. Acceptance does not automatically remove every right concerning non-conformities or latent defects. The nature of the defect, recorded reservations, warranty, time limits and notices affect the remedy. Technical inspection and preservation of evidence should not be delayed.

Question 8

Which documents are useful for the first discussion?

Accepted Answer

Send a short description of the objective and deadline, the land register extract, title document or draft contract and any planning or permit documents available. For construction matters, the contract, programme, notices and relevant minutes are useful.