02/07/2014 Admin
Energy performance certificates and energy performance certificate, how to behave. The National Council of Notaries has just approved an update of its 2014 guidance on the certification. And this time he moved the lens on the role of the regions. They, in fact, had the duty to adopt a register or register of accredited bodies, but not all have done so. And this changes the behavior that property owners will have to take.
The text points out, that after just six months and twenty days after its entry into force, the DL n. 63/2013 has been heavily modified by Decree Destination Italy (DL n. 145/2013) and its conversion law (No. 9/2014). As a result of this package of measures, it was first ruled a duty 'allegation, and delivery information for the acts of transfer for free "; it was stated that the obligations relating to the Bee concern 'new lease of buildings or individual units subject to registration "; has been eliminated nullity 'as a sanction for breach of the duty of allegation "; was provided a "financial penalty for breach of the allegation as well as in case of no documentation in place, with the inclusion dell'apposita clause, the fulfillment of disclosure requirements and delivery"; it was determined that "the payment of the administrative penalty, however, does not exempt from the obligation to submit the declaration or a copy of the energy performance within 45 days."
As for the regions, the guide notes that the regulatory framework is still quite uneven: not all of them have affixed register of entities accredited certifiers. For this can not be fixed at the expense of a notary obligation to verify the requirements of the technical, because in most cases it would be difficult to implement, not always having available the lists. It is, therefore, "the owner of the property (transferor and / or lessor) to verify that the technician, who intends to entrust the task, both in possession of the requirements prescribed by the regulations in force for the preparation of the certificate of energy performance."
And, always on the front of the Regions, comes another question. A possible error in the transcription of one of the identification data of the property (cadastral data, identification of the owner, address of the property) "shall not affect the validity of the energy, where, on the basis of other data, is, however, possible to report with sufficient certainty, the certificate itself to the property negotiations. "This principle is valid forever, "except as provided in any provision of regional laws that do depend on the validity of the exact exposure cadastral identifier."