Regional laws and Salva casa: examples of how to get back in line

The amnesties of the Salva casa will also move - to some extent - along the tracks of the differentiated autonomy. If the rules of decree law 69/2024 are identical throughout Italy, their concrete declination will change a lot depending on the territories in which the works to be regularised are located. The indications of a master plan or the presence of a regional law, in a sector where governors have many powers, could make the difference. And even the changes that will be introduced with the conversion into law will have to be measured against local rules (the decree is now in the Environment Committee in the House and the deadline for submitting amendments expires on Wednesday).

A veranda built without permits. A balcony built from the beginning, but not declared in the titles filed with the municipality. A single-family house with an extra room compared to what was authorised at the beginning. These are all cases in which the concrete margins of sanctionability - and the cost of sanctions - may depend on local choices. In Rome, for example, some rules of the Prg could fit in interestingly with the new conformity assessment envisaged for partial non-conformities. In the area of the consolidated city - i.e. outside the historic centre - extensions can be regularised, under certain conditions, even if they lead to an increase in usable surface area of up to 10%: therefore, verandas or larger rooms could be sanctionable even if they do not fall within the boundaries of the new tolerances. Thanks to the new mechanism defined by decree 69, in fact, they could receive urban conformity. The municipality, then, would have the possibility, in order to issue the amnesty title, to ask the owners for adjustments, such as the energy efficiency of the structure.

In Bologna, Regional Law 23/2004 could play a decisive role. It is undoubtedly one of the most advanced regulations on the regularisation of small discrepancies: many of the innovations included in the Salva casa are in fact inspired by its contents. Among these, on the subject of tolerances, Article 19-bis stands out, which preserves the legitimate expectations of owners, with a mechanism that many would also like to see included in the national law. Thus, if the municipality has already issued a house with a permit, all discrepancies in the building are considered remedied. In this way, even the presence of non-conforming cubature beyond the limits indicated for the tolerances of the Salva casa could be regularised (see the sheets on the page).

Where the Prg or regional laws do not provide any particular foothold, the Salva casa provides opportunities anyway. This is the case in Milan, where executive tolerances could come into play. For example, those relating to material errors in the design representation of works, which are considered regularised automatically. In this way, the presence of balconies not indicated on the municipal titles could be sanctioned. Provided that their construction dates back to the time of construction of the building. And provided that this circumstance can be proved in some way.

The 6 sq m veranda
The 6 sq m veranda built in the 1990s on the balcony of a 110 sq m flat in a block of flats built in 1960; suburban area.
The new conformity assessment provided for by the Salva casa only requires verification of the urban planning parameters when the application is submitted. It is decisive to check what the zoning plan prescribes. In Rome, within the consolidated city, for extension works, if aimed at a better configuration of the building with respect to the context, it is allowed, under certain conditions, a maximum increase of 10% of the usable area and the volume above ground (Vft), even changing the height of the existing building for a better alignment with the surrounding buildings.