First Floor

Save home towards OK, amnesty dribbles out energy efficiency

Camera. The decree arrives in the House for a vote of confidence. Municipalities will no longer be able to impose efficiency and barrier removal works

by Giuseppe Latour

3' min read

3' min read

Energy efficiency and removal of architectural barriers remain off the radar of the amnesty for non-conformities. The law converting the Salva casa decree (Dl n. 69/2024, rapporteurs: Dario Iaia, Fratelli d'Italia, and Erica Mazzetti, Forza Italia) greatly reduces the perimeter of the adjustment interventions that municipalities will be able to ask citizens to regularise non-conforming works, limiting it to works aimed at safety only.
After the sprint on Tuesday morning, when the text was dismissed by the Environment Committee of the Chamber of Deputies, yesterday the measure (which expires on 28 July and still has to pass through the Senate) landed in the House for general discussion and, in the afternoon, as expected, it was secured with the confidence question by the Minister for Relations with Parliament, Luca Ciriani. The vote of confidence will take place today, before the final vote on the text coming out of the committee.

Many changes from the original version

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The text has been greatly modified with respect to the original version, in force since the end of May. It includes very important innovations, such as the enlargement of the perimeter of the amnesty, which up to now was envisaged only for partial non-conformities; it is also extended to essential variations, rather heavy non-conformities, which may include unauthorised increases in cubature. Pre-1977 variations also become amnestible. And the mesh of habitability requirements has been loosened: buildings with heights not exceeding 2.40 metres (today the minimum is 2.70 metres) and surfaces not exceeding 20 square metres in the case of one-room apartments (today the minimum is 28 metres) and not exceeding 28 square metres for two-room apartments (today the minimum is 38 metres) may be declared fit for habitation on the basis of a certificate issued by a professional. However, the long-awaited Salva Milano (Save Milan) amendment (see the other article on this page) remains out, and has been postponed to future regulatory vehicles.

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The Role of Municipalities

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Returning to the amnesty, this already in its first version provided for the possibility for municipalities to condition the regularisation of interventions on a series of works, on the basis of the principle that it is possible that a building lacks elements in order to be perfectly in order: the administration may require that, in the Scia in sanatoria, the owner puts everything in order. The decree contains the list of works that can be requested. In the first version, these were 'building works, including structural works, necessary to ensure compliance with the technical regulations in the sector relating to safety, hygiene, health and energy efficiency requirements for buildings and the systems installed in them, and the removal of architectural barriers', as well as the removal 'of works that cannot be remedied'. In other words, in order to comply with the standards on energy efficiency, architectural barriers, safety, and habitability, the municipality could ask for adaptation works.

Costs for citizens

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Already during the hearings, however, a problem had emerged from several quarters: this rule, which was considered very opportune because it allowed citizens to adapt their properties on the run during the amnesty, could generate very high costs for citizens. Not least because these costs were to be added to those of sanctions. Thus, the majority started to think about which interventions were expendable. And, in the amendments voted on Tuesday, it issued its verdict, removing the reference to 'hygiene, healthiness, energy efficiency of buildings and the systems installed in them', as well as the overcoming of architectural barriers. Thus, administrations are left only with the possibility of requesting safety-related interventions, as well as the removal of totally non-conforming works and, therefore, not sanctionable.

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