Salva casa decree in the Gazzetta: amnesty on payment starts

Applications for amnesty possible as early as 30 May. The Salva casa decree (Law Decree no. 69/2024) was signed by the President of the Republic, Sergio Mattarella, and was published, after announcements in recent days, in the Official Gazette on 30 May. It comes into force immediately, triggering the new conformity assessment procedure, with a fee (between one thousand and 31 thousand euro), for partial non-conformities with respect to what has been authorised by the municipalities. The measure will now go to Parliament for conversion into law.

It is precisely the municipal administrations that will be the protagonists of this phase. The new procedure for ascertaining conformity will be similar to what is already provided for in the Consolidated Text on Construction, but it will still be necessary to adapt forms and practices, in record time, to the differences introduced by the measure.

The decree - it should be remembered - provides for the possibility of cancelling discrepancies, provided that the building regulations of the time of the intervention (hence, design and plant engineering standards) and the urban planning regulations of the time of submission of the application (hence, urban loads) are respected. This is a simplification compared to the past, when the double urban-planning-building level had to be verified for both the past and the present. It should be emphasised that, for abuses and total non-conformities, the stricter discipline remains.

The measure also provides for a mechanism of silence of assent. In the case of an amnesty building permit, the local authority will have 45 days to respond, while in the case of an amnesty building permit, it will have 30 days. In the first few days, a funnel effect is likely, with a large number of applications for municipalities. In many cases, then, silence of consent may accrue and the administrations may not have time to examine the applications on their merits. Buildings in restricted areas, for which there will be longer deadlines, and those that need additional preliminary investigation, will follow a different path.

Not all of the regulations in the decree, however, will have the date of 30 May as a reference. The chapter on tolerances, in fact, will be pegged to a different date, 24 May. Only works carried out by that date, in fact, will be able to take advantage of the new, more favourable tolerance regime. Construction tolerances will no longer be 2%, as they are now, but will rise to 5% and will be parameterised to the size of the building.