Amnesty 2026, the amendments that open up recent abusive works and eliminate double asynchronous compliance

The works were completed as of September 30th

According to the provisions of amendment 117.0.18 which introduces the new amnesty, the fundamental requirement to access the amnesty is the completion of the works pursuant to article 31, paragraph 2, of law no. 28 February 1985. 47″Rules regarding the control of urban planning and construction activities. Administrative and criminal sanctions“, i.e. the text that introduced the first building amnesty 40 years ago. Based on the text, the following are considered completed:

• the buildings when the rustic work has been carried out and the roofing completed;
• the internal works when they have been functionally completed;
• works not intended for residence when they have been functionally completed.

For buildings, the completion of the rustico with roof is therefore valid, while for interventions such as canopies, balconies or internal renovations, the functional completion of the work is required, while the fact that finishes or accessory elements are missing is not relevant. Whoever submits an application for amnesty, therefore, must demonstrate that as of 30 September 2025 the intervention respected these completion parameters.

The categories of remediable works

The amendment provides for amnesty for seven types of interventions, listed with reference to the definitions of the Consolidated Building Act (Presidential Decree 380/2001).

We start from appurtenant works such as porticoes or canopies built in the absence of or in conflict with the building permit and ancillary works such as balconies or loggias built in the absence of or in conflict with the building permit, to then list all the renovations but also restoration and conservative rehabilitation carried out in the absence or in conflict with the building permit.

For renovations, the amendment provides two distinct categories with reference to Article 3, paragraph 1, letter d (renovations in general) and Article 10, paragraph 1, letter c (renovations subject to building permit). For both, the prohibition on increasing the overall surface area and volume of the building applies, with the exception of increases in gross useful surface area attributable to the appurtenant works indicated in the amendment.

Restoration and conservative rehabilitation is instead distinguished on the basis of location: a separate category for the homogeneous A zones, which include the historic centers and areas of particular environmental value, and another for all the remaining areas of the municipal territory.

Compliance criteria revised

The possible approval of the amendment therefore aims to regularize works carried out until recently: those who have completed roofs, balconies, renovations or extraordinary maintenance interventions by 30 September 2025 – therefore practically up to two months ago – could submit an application for amnesty.

But not only that: the double “asynchronous” conformity could also disappear, i.e. compliance with the building regulations at the time of construction, and with the urban planning regulations at the time of submission of the application, introduced by the Salva Casa decree for interventions that partially differ from the building permit or the SCIA and the essential variations.

In fact, with amendment 9.0.6 signed by the same rapporteurs, the art. 36-bis of the TEU proposing to reformulate the reference to compliance. Amnesty is possible, in fact, provided that the intervention “complies with urban planning regulations as well as with the requirements prescribed by the building regulations in force at the time of submission of the application”. Provisions that also apply to essential variations.

Finally, a further amendment, again in the form of the senators themselves, proposes to intervene to broaden the scope of the amnesty provided for by art.34-ter of the TEU for works carried out before law 10/1977, allowing access to the simplified procedure for works carried out in breach of the general title, abolishing the term “partial”.

So far the texts brought to the attention of parliamentarians. We’ll see how the debate evolves. The only certainty is that the time will be short, since the Budget law must come into force on 1 January 2026.