Thursday, April 10, 2008

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SYSTEMS IN BUILDINGS HOUSING CONSUMER BRANDS clarifies the ARC ' INCOGNITA

The Arc Consumer Brands, the voice of the Regional President Andrea Calvaresi, brings clarity to users on the much debated and criticized the decree "on the retrofitting of equipment in housing units." Dm The decree 37/08, which has aroused great concern and indignation on the part of homeowners, imposes an obligation to guarantee those who sell a building or portion thereof, to certify the retrofit of all plants and a requirement for delivery of documents to the purchaser or tenant of the property. And if there is no matching certificate for the boiler, the water pipes, telephone cables or antenna TV what happens? No fear of compromise or deed, do all you can arrange an agreement between the parties.
Indeed, to our demands, the ministry has repeatedly stated that:
1. The term "facility under" must be understood in the sense of a plant in accordance with the rules in force at the time the facility was constructed or modified (and then for plants "outdated" by supervening legislation, there is no obligation to upgrade);
2. the guarantee obligation (which is mandatory when a property is sold brand new) in other cases, exceptions, in the sense that if the facility is not in accordance with, the house is unsold and the seller is not necessarily required to make them conform. In fact, if the purchaser intends to also make the purchase of goods with non-compliant systems, he may exempt the seller from the obligation to provide facilities in accordance with and to produce certificates of compliance;
3. the obligation of attaching a certificate of compliance the contract of sale or the obligation to deliver these documents to the tenant may be disregarded, if an agreement to that effect between the parties.
The fact remains that the Decree 37/08, as "Il Sole 24 Ore" was expected from early reviews, has resulted in the world of real estate trading indisputable alarmism (so that you continue to talk often, though unjustifiably, real estate unsaleable or not up to standard as non-transferable leased). The decree has led to the division of the market especially in two quite distinct groups: one made of "virtuous", with facilities in accordance with, and that of buildings with non-certified facilities, already become, in a few days, second-class buildings, and thus exempt from the "contractual right" and exposed to writedowns.

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