“Saving Homes Decree: How Much Will it Cost to Rectify Building Abuses?”
Decree Save House: New Measures Unveiled
The Save House decree is set to be discussed today in the Council of Ministers, and valuable information has been leaked from the draft of the measure.
It’s already known that the amnesty envisaged by Salvini’s plan won’t be free, but how much will it cost to rectify the abuses?
At first glance, the decree seems aimed at simplifying the regularization of minor building infractions and reducing bureaucratic hurdles for accessing regularization.
Matteo Salvini has emphasized on several occasions that this is not an amnesty for construction violations.
He has pointed out that for unauthorized and unsuitable constructions, the only solution is demolition.
The Save House plan aims to regularize minor building violations found in Italian homes, such as adding an extra room partition, a second bathroom, a loft, or moving an internal door within an apartment.
According to Salvini, the Save House plan should come into effect before the upcoming European elections.
He reiterates that while Europe imposes new expenses on Italians for the required “green home” upgrades, efforts are being made to enact a measure that regularizes the small irregularities currently affecting many Italian homes (approximately 80% of the Italian real estate assets show discrepancies compared to the registered data).
The current proposal seems to focus only on regularization for minor violations that could have been rectified when built but can’t be now due to the double conformity rule, which prevents: obtaining authorization for violations not compliant with the rules at the time of construction and those currently in force; changing the property’s use between homogeneous categories.
If the requirement of double conformity is dropped, limiting compliance to one set of rules, numerous interventions could be rectified.
The decree states that the following works will fall under unrestricted construction, not requiring permission: installation of heat pumps over 12 kW; removal of architectural barriers; installation of removable panoramic glass windows (verandas) on balconies for thermal comfort, provided there is no increase in volumes or surfaces.
The amnesty will also include fixed structures for awnings, lofts, room partitions, and porches.
Structure of the Save House Decree
The measure comprises three articles:
– Article 1 – Amendments to the Presidential Decree of June 6, 2001, No.
380 – Consolidated text of legislative and regulatory provisions on construction
– Article 2 – Temporary structures built during the Covid-19 health emergency
– Article 3 – Coordinating provisions and entry into force
The most significant article is the first, as it amends the Consolidated Construction Act.
Besides interventions on temporary structures, the decree provides a definition of “legitimate state,” solving the issue of sanctions that, as an alternative to demolition, left the property in an unlawful state.
With the amendment, paying the fine allows regularization of the offense committed.
The decree clarifies changing the property’s use, which is always allowed for individual properties without construction, in compliance with sector regulations.
However, a “Segnalazione Certificata di Inizio Attività” (SCIA) must always be submitted.
New Tolerance Limits
The decree also alters the tolerance values for non-compliance with heights, setbacks, volume, and floor area.
Currently, it stands at 2% for structures up to 500 square meters, increasing to 3% for buildings between 300 and 500 square meters, 4% for those between 100 and 300 square meters, and 5% for those under 100 square meters.
Regularizing irregularities naturally comes at a cost.
The idea is to establish a higher price for violations deviating more from compliance: the greater the deviation, the higher the cost of rectification.
In the explanatory report of the Save House decree, it is stated that the issuance of permits and the certified notice of start of activities are subject to payment of a pecuniary sanction equal to twice the increase in the property’s market value resulting from the interventions, ranging from 1,032 euros to 30,984 euros.