Construction, the amnesty for historical abuses arrives. Here is what changes
The delegated decree on the Building and Construction Code passes the Council of Ministers. 1 September 1967 is the key date for irregularities. More space for silent consent and changes of use
Key points
Favouring the regularisation of historical abuses, that is, those older than the first of September 1967. The draft enabling act to revise the Consolidated Law on Construction, announced by the Minister of Infrastructure Matteo Salvini and preceded by a public consultation phase, arrives at the Council of Ministers tomorrow.
The decree confirms the anticipations of recent weeks: the text, which will focus on the revision of Presidential Decree 380/2001 (the current Consolidated Law on Construction), will establish a sort of zero year for private construction, from which, looking back, it will be easier to carry out regularisation of non-conformities. A manoeuvre to clean up minor irregularities in Italy's building stock that goes decisively in the line already drawn in recent years with the Salva casa decree.
There will be twelve months to exercise the delegation of authority, which aims to draft a Building and Construction Code. Although first the text will have to go through the parliamentary passage, considering that in the Environment Committee at the Chamber of Deputies work is already underway (hearings will continue today) on the majority proposal presented by Erica Mazzetti (Forza Italia) and coordinated with that of Agostino Santillo (M5s).
The ranking of irregularities
Returning to irregularities, here comes another important novelty. The aim is, in fact, to define at a national level a 'common classification of the types of non-conformity with the building permit, including in this review also the discipline of building tolerances'. Behind this definition lies the jungle of the regional laws that, over the years, have made the discipline of building discrepancies different from territory to territory, causing it to change, even significantly, depending on the local discipline. Common standards will now have to be set. Also on the basis of the fact that the delegation explicitly refers to the essential levels of services: the idea is to guarantee uniform minimum standards throughout the national territory.
Double compliance and legitimate status
In the same logic of simplification, the overcoming of the double conformity, i.e. the constraint (very difficult to overcome) that required, in order to apply for an amnesty, to demonstrate compliance with urban planning and building regulations both at the time the abuse was committed and at the time the application was submitted, will be confirmed. It has already been set aside, in some situations, with the Salva casa. The enabling act provides for a broader application of this instrument.
