The Standard

Salva casa in the Gazzetta, new amnesties in force

The Salva casa law introduces important novelties on building amnesties, extending the possibility of regularising non-conformities and offering discounts on penalties

by Giuseppe Latour

Il salva Casa è legge, da lunedì le sanatorie

3' min read

3' min read

Check the certificates of habitability. Check the date of the building permits that authorised the construction of our property. Analysing the alignment with building regulations of the past and urban planning regulations of today. The key day, in short, has finally arrived. Law 105 converting the save-home decree (the 69/2024) has been published in the Official Gazette.

It means that, after days of waiting, it finally becomes possible to take advantage of all the innovations introduced during conversion. The measure comes into force on Sunday 28 July. It will therefore be possible to go to the municipality (if necessary) to take advantage of the six amnesties introduced by the final version of the measure.

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The basic amnesty (the one for minor discrepancies) was already present in the text in force since the end of May. With the conversion, however, come some important new features. The first is that the possibility of sanctioning non-conformities is also extended to essential variations, i.e. more incisive interventions, such as increases in cubage. Provided, however, that there is compatibility with simplified double conformity. The second is that there is an important discount on the maximum penalties that can be applied. It goes from over 30 thousand to just over 10 thousand euro. Two thirds less.

To these amnesties (for minor non-conformities and essential variations) two others are added: one for pre-1977 variants and the other for irregularities not contested by the municipalities when issuing the certificate of agility. These are two very advantageous ways, because they disregard the verification of double conformity. For the first, the date to bear in mind is 30 January 1977. All titles deposited before that date will be eligible for regularisation, if there is a mismatch between the plans deposited in the municipality and the reality of the construction site.

To the request for an amnesty permit - when it will be necessary to go to the municipality - the silence assent will apply (with a deadline of 45 days). Within this limit, 'the manager or the person in charge of the competent municipal office will issue a reasoned decision'. Once this deadline has elapsed, 'the request shall be deemed granted'. It is likely, then, that a strong pressure will start on local administrations, especially as of September, for amnesty requests.

Then there are the tolerances (constructional and executive), which are also extended to include hygienic and sanitary requirements. A new category of 6 per cent is added to the catalogue of construction tolerances for houses under 60 square metres.

On the subject of habitability comes one of the most talked-about innovations, also operational as of tomorrow. Mini-houses will become inhabitable, dwellings with heights of no more than 2.40 metres (below the 2.70 metre height set today) and with surfaces of 20 square metres for one-room flats and 28 square metres for two-room flats (as opposed to the current 28 and 38). The novelty, however, is conditional on the presentation of projects guaranteeing the healthiness of the rooms.

The regulation was created to ensure the reuse of city spaces that would otherwise remain unused. Two other provisions go in the same direction: one that simplifies the reuse of attics, allowing exceptions to minimum distances, and one that speeds up changes of use for individual building units.

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