The much-discussed energy performance certificate (ACE) the property became mandatory on 1 July and must be delivered to buyers by sellers of real estate at the time of the deed or by agreement between the parties, later.
So in addition to planning permission and certificate of habitability, the ' energy performance certificate is one of those documents, relating to the ownership and use of the property that the Article 1477 of the Civil Code, the seller must deliver to the buyer.
Let us now a problem: if the energy performance certificate is not issued, the sale is valid?
the feelings of the articles of the Civil Code 1477-1453-1455 sale is not invalid but however, the buyer has the right to rescind the contract for default of the seller as the primary interest of a purchaser of property has come into possession of a good that is lawful in energy efficiency.
So if this new document (ACE) is released not only the buyer has the right to price paid , but can also ask for compensation for damages both type assets, consisting of interest negative (costs related to lost time, displacement, loss of any benefit from other negotiations) by the interest and positive (benefits that would have been achieved and the damage that would have been avoided had it not been put in place by the other party the event of impediments ratio), which non-pecuniary (moral damage for example).
What's interesting estate agents as well as the builder of the apartment as the case may accept an interpretation of Extensive art. 15, paragraph 7 of Decree 192 of 2005, although he can be considered one of the parties responsible and subject to an administrative fine ranging from 5,000 to 30,000 €.
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