New Regulation Unlocks Stalled and Overlooked Property Transfers

A breath of relief for tens of thousands of property owners is brought by new legislation affecting transfers of real estate, providing solutions to purchases, parental transfers and inheritances that were “frozen” because the civil engineer measured the property differently from what is recorded in the contract!

As is well known, differences in the square footage listed on the deeds versus the civil engineer’s measurements for the issuance of the electronic identification of the property were a major obstacle to the completion of many transfers.

A draft bill of the Ministry of Digital Governance submitted to the Parliament provides for the possibility of unilateral corrections of title deeds and deeds of creation of horizontal ownership. Corrections, that is, will able to be made unilaterally by civil engineers, without requiring the involvement of previous owners, neighbors, or administrators.

Specifically, in cases where the surface area of the property differs between the deed and the civil engineer’s measurements for the electronic ID card, the transfer will not be blocked. The process will proceed by a simple correction of the contract by the civil engineer. If the discrepancy between the area indicated in the contract and the area measured is less than 2%, then the transfer will proceed immediately without requiring any amendments to the contracts.

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