The Technical Building Inspection (ITE) is a mandatory periodic assessment for certain properties, aimed primarily at verifying that they remain in a safe condition and comply with current regulations regarding habitability and maintenance.
When the result of this inspection is unfavorable, property owners, whether individually or through a homeowners’ association in a shared property regime, are legally required to carry out the necessary actions to correct the identified deficiencies.
In this article, we explain what an unfavorable ITE entails, the steps to take to resolve the situation, and how it may directly affect the property owner, particularly when selling the home or facing potential special assessments.
What is an unfavorable ITE?
An unfavorable Technical Building Inspection (ITE) report indicates that the property presents significant deficiencies or fails to meet legal requirements concerning safety, hygiene, or habitability. This assessment, carried out by licensed professionals, concludes that the building does not meet the necessary conditions to ensure its safe use and proper maintenance.
During the inspection, the technician will assess whether the building complies with the provisions of the 2015 Land and Urban Rehabilitation Law, as well as applicable regional and municipal regulations. These legal frameworks grant public administrations broad authority over urban planning and construction standards.
Elements reviewed typically include the building’s structural integrity, roofing, sanitation systems, plumbing and electrical installations, as well as accessibility and energy efficiency. Serious deficiencies in any of these areas may result in an unfavorable report.
Example of an unfavorable ITE
There are several reasons why a building may fail its ITE. Among the most common are facade defects that pose a safety risk to pedestrians and residents, such as damaged windows, cornices, or balconies.
Water leaks in roofs and terraces, along with corrosion or wear in metallic components like railings or structural parts, are also frequent issues.
Another typical cause of a negative ITE is outdated or non-compliant electrical systems, which must be updated over time to meet current safety standards.
In older buildings, hazardous materials like asbestos may still be present in pipes, roofs, or ducts. Due to health concerns, these must be removed exclusively by certified professionals and authorized companies.
What happens if a building fails the ITE?
If a building fails the Technical Inspection (ITE), the owners are obligated to carry out the necessary work to address the deficiencies identified in the technical report. This includes hiring qualified professionals and covering the related costs of repairs or upgrades.
If the issues affect common areas, such as facades, roofs, main installations, or access points, the homeowners’ association must assume the financial responsibility collectively. Often, this leads to the approval of a special assessment to fund the necessary works resulting from an unfavorable ITE.
The inspection report will clearly outline the areas that are non-compliant, along with the required interventions to restore structural safety, improve accessibility, and meet energy efficiency standards.
Unfavorable ITE: what is the timeframe for repairs?
When a building receives an unfavorable ITE report, it usually includes specific details on the required works, the maximum timeframe for completion, and whether a technical project and/or professional site supervision is needed.
The timeframe for implementing the repairs will depend on the severity of the deficiencies and the technical complexity of the interventions. Generally, if the work involves structural components or requires complex solutions, a formal technical project signed by certified professionals will be necessary—often resulting in longer deadlines.
If no deadline is specified in the report, local and regional regulations must be consulted to determine the applicable time limits. Once the required improvements have been completed, a follow-up inspection will be needed to verify that the building meets all legal standards of safety, accessibility, and maintenance.
What happens if a neighbor refuses to comply with the ITE?
The ITE is mandatory for all owners of buildings subject to this requirement. Refusing to allow access to the inspector constitutes a legal violation. If a resident prevents the inspection, the public administration (whether the local council or regional authority) may impose financial penalties. Legal proceedings may also be initiated to ensure compliance.
Should a property owner refuse to pay for the inspection or their share of the repair costs approved by the community, they will incur a debt with the homeowners’ association. The association may pursue the debt through legal channels, as with any other community obligation.
The repair works required under the ITE, which are necessary to guarantee building safety, are also mandatory. It is not legally permissible to refuse to carry them out or to withhold financial participation if they have been duly approved.
How to check if a building has passed the ITE?
Typically, the homeowners’ association or property manager holds a copy of the latest ITE report. This makes it relatively easy to check whether the inspection is still valid or has expired, based on the validity periods set by local or regional regulations. It’s important to note that there is no standardized expiration period nationwide, so it’s essential to consult the specific laws that apply in the building’s location.
Another option is to contact the local city hall, which often maintains a public registry of ITE reports conducted within the municipality, allowing owners or interested parties to verify the building’s inspection status.
How to verify if the ITE is still valid?
In general, the property management office or homeowners’ association keeps an updated copy of the most recent ITE report. This document can confirm whether the inspection is current or has expired, according to the timeframe established by regional or municipal regulations.
Alternatively, you can visit your local town hall, where a public register of conducted ITE inspections is typically maintained. This allows official and transparent access to the inspection status of buildings within the municipality.
Can you sell a flat with an unfavorable ITE?
Selling a property located in a building with an unfavorable ITE is legally possible, though it comes with certain considerations. If the building is required to have undergone the inspection due to its age, the ITE report must be presented during the sale process.
However, it is possible to include an exemption clause in the sale agreement, whereby the buyer acknowledges the condition of the building and releases the seller from any responsibility related to the pending or negative inspection. This clause must be explicitly stated and fully understood by the buyer.
It is important to note that a negative ITE can directly affect the market value of the property. Since the new owner will likely have to cover the cost of mandatory improvements, the sale price is usually adjusted downward to reflect this obligation.
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