Snagging in Italy: handover, the 60-day notice and serious defects

By Mark Brincat4 min read

Italy does not have a single word for snagging — you will hear lista dei difetti, verbale di consegna or simply vizi (defects). What it does have is short, strict deadlines, which make a written record at handover especially valuable.

Ordinary defects: act within 60 days

Under the Civil Code rules for building contracts (appalto), you must notify the contractor of defects and departures from the contract within 60 days of discovering them, and any legal action must generally be brought within two years of handover. The burden of proving the notice was on time is yours, so send it in writing and keep proof.

Serious defects: ten years

For buildings, the contractor is liable if, within ten years of completion, the work collapses, is in clear danger of collapse, or shows serious defects. Here the notice must be given within one year of discovering the problem, and action taken within a year of the notice. The courts read "serious defects" quite broadly — it can include defects that significantly affect how a home can be used.

Buying from a developer

If you buy a new home rather than commissioning the work, the sale contract and further rules apply. Check with your notary or lawyer which regime covers your purchase, and agree before the deed (rogito) how outstanding defects will be dealt with.

Recording defects

A verbale signed at handover listing every defect — room, element, photo — gives you a dated record that starts nothing running against you and settles most later arguments. See photographs that hold up.

This is a general guide, not legal advice. Periods and rules change, and your own contract can add to them — check it, and take professional advice before relying on a deadline.