Illegal Veranda: Can it be Regularized with the Home-saving Decree?
Can the ‘Save home’ decree legalize an illegal veranda?
Having a veranda built without permits to enclose a recessed balcony or porch can provide an additional living space in the house, utilizing the perimeter walls.
Often, these structures are built without the necessary permits, constituting unauthorized construction (increasing the volume of the property by enclosing a balcony or porch).
Regulation for Verandas:
Not all municipalities actively pursue these types of abuses, but when deciding to sell the property, these issues can negatively impact the sale (who would buy a home with illegal additions?).
What many don’t know is that some types of verandas have already been legalized over time.
However, those that haven’t been legalized cannot be rectified even with the ‘Save home’ decree.
Falling between these categories are equipped verandas – those that have been converted into bathrooms or kitchens over time.
Veranda on the balcony, Cila, or Scia?
Prior to any construction work at home, a permit must be obtained from the Municipality.
This can be represented by a Cila (communication of the start of work), required for minor extraordinary maintenance interventions that do not affect the structure, or a Scia (certified notification of the start of activity), necessary for more impactful interventions that modify the characteristics of the building.
Unpermitted Verandas and Permissions:
If the verandas being built are not permanent structures but movable (such as VEPA), no permit is required for installation as these fall under free construction activities, often used for weather protection rather than additional living space.
The liberalization of movable verandas was introduced in the 2022 Aid Decree, amending the Building Code to include provisions for transparent panoramic glass installations that serve temporary functions.
These do not alter volumes or surfaces significantly, and fall within the legal framework since 2022.
Which Abusive Verandas Can Be Rectified with the ‘Save home’ Decree?
The ‘Save home’ decree allows for the legalization of closed verandas, furnished or equipped, under certain conditions.
Until May 2024, the tolerance limit for regularizing verandas and pergolas was at most 2% of the property’s surface area.
The ‘Save home’ decree expands the tolerance limits to:
- 5% for properties under 100 sqm,
- 4% for properties between 100 and 300 sqm,
- 3% for properties between 300 and 500 sqm, and
- 2% for properties over 500 sqm.
Practically speaking, this means that for a 100 sqm apartment, an illegal veranda of up to 5 sqm can be legalized (at 5% tolerance).
For a 200 sqm apartment, a closed veranda of 8 sqm can be rectified, and for a 300 sqm house, a closed veranda of 9 sqm can be legalized.