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The Manager's Certificate on Payments at the Deed

Before buying or selling a home, the manager's certificate on the state of payments and pending litigation is useful. Here is what Article 1130 no. 9 of the Italian Civil Code says, how to request it and why it protects seller, buyer and notary.

In this guide

The manager's certificate on the state of payments is the document that, during a sale, certifies whether a unit is in good standing with condominium charges and whether there is pending litigation. Its basis is Article 1130 no. 9 of the Italian Civil Code, which requires the manager to provide, to whoever is entitled, a certificate concerning the state of payment of condominium charges and any pending litigation. It is a key tool at the deed: it lets the buyer assess the two-year joint liability under Article 63 and lets the seller demonstrate their own good standing.

What Article 1130 no. 9 Provides

Among the manager's duties, Article 1130 no. 9 of the Italian Civil Code includes providing, to the owner who requests it, a certificate concerning the state of payment of condominium charges and any pending litigation. It is a transparency obligation that serves precisely at moments of transition, such as a sale, when it is necessary to know whether the unit has overdue instalments or open disputes. The certificate captures the position on a precise date and has informational value for the parties to the deed.

What the Certificate Contains

The document must clearly account for the unit's situation. In practice it contains various pieces of information useful to seller, buyer and notary.

  • State of payment of condominium charges at the date of issue
  • Any ordinary or extraordinary instalments overdue and unpaid
  • Presence of pending litigation involving the condominium or the unit
  • Resolutions on extraordinary works already approved and not yet paid
  • Reference to the current financial year and any expected balancing charges

Who Can Request It

The request belongs to whoever has a concrete interest in the unit, first of all the owner. In view of a sale, it is the seller who requests it to hand over to the buyer and the notary. The buyer, who is not yet an owner, normally obtains the certificate through the seller, since it is the latter who is entitled to request it directly from the manager. It is good practice for the request to state the unit precisely and the desired reference date.

Why the Notary and the Parties Need It

The certificate is an important piece in a sale because it puts everyone in a position to know the apartment's real debt position. The notary uses it to inform the parties and to calibrate the deed's clauses on the allocation of expenses. The buyer uses it to assess the risk arising from the two-year joint liability under Article 63 of the implementing provisions and to decide whether to withhold part of the price. The seller, in turn, demonstrates their good standing and reduces the risk of future disputes.

Timing, Costs and Liability

The manager must issue the certificate within a reasonable time of the request, bearing in mind the needs tied to the deed date. An unjustified delay can prejudice the sale. The certificate must be truthful and up to date: stating a state of payments that does not match reality exposes the manager to liability toward whoever relied on the document. This is why it is essential that the accounts be aligned and that arrears and litigation be correctly recorded.

Generating Reliable Certificates

Issuing a correct certificate requires accounts that are always up to date, with a history of receipts, overdue instalments and extraordinary resolutions. Management software such as AmministraPro lets you consult each unit's position in real time and generate the certificate on the state of payments and pending litigation, reducing the risk of errors and response times during a sale. The accounting and document features are described on the /funzioni page and the plans on /prezzi.

Topics:certificate state of paymentsArticle 1130 no. 9 Civil Codemanager deedcondominium salepending litigation condominium

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Written by the AmministraPro Editorial Team

The AmministraPro editorial team closely follows condominium law, accounting and digital tools for administrators and property firms.