The 2024 Save-Home Decree, after approval by the Environment Commission and the green light from the Chamber, is preparing to receive final approval from the Senate by July 28th.
This legislative initiative aims to address long-standing issues in the construction sector, providing new opportunities for the regularization and sustainable development of the national real estate assets.
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Simplification of building amnesty
The beating heart of the Decree is the simplification of the building amnesty. Theelimination of the requirement of double compliance represents a radical change in the approach to property regularization.
This move aims to unblock a large number of situations previously considered unsolvable, allowing many owners to regularize their position without incurring insurmountable bureaucratic obstacles.
An important innovation is the extension of the possibility of amnesty also to properties in areas with landscape constraints, significantly expanding the scope of regularization. This provision, while maintaining the necessary environmental protections, opens new perspectives for the recovery and enhancement of buildings in areas of particular naturalistic value.
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Time and costs: a new balance
The Decree introduces a precise timetable for the regularization procedures:
- 45 days for building permit
- 30 days for the SCIA (Certified Notification of Commencement of Activity)
- 180 days for properties subject to constraints
This redefinition of time could translate into unprecedented operational agility for the industry, accelerating processes that in the past might have taken months or even years.
The sanctions foreseen for regularization are:
- For the building permit in regularization: penalty equal to double the construction fee
- For SCIA in regularization: penalty equivalent to double the increase in the market value of the property, with an amount between 1,032 euros and 30,984 euros
These sanctions, while representing a significant cost, have been calibrated to incentivize regularization without being prohibitive for owners.
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Tolerances and Flexibility: A New Approach to Compliance
The introduction of a graduated scale of construction tolerances based on the surface area of the properties represents an innovative approach:
- 2% for real estate units with a usable surface area greater than 500 sqm;
- 3% for real estate units with a usable surface area between 300 to 500 m2;
- 4% for real estate units with a usable surface area between 100 to 300 m2;
- 5% for real estate units with a usable surface area less than 100 sqm;
- 6% for real estate units with a usable surface area less than 60 sqm;
This last category has been the subject of a further modification: properties under 60 square meters are now considered regular if they have a surface area of up to approximately 3.5 square meters more than that established by the housing title, further expanding the margins of tolerability.
This flexibility recognizes the practical challenges of construction and renovation, especially for smaller properties.
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The legitimate status of the property and changes in intended use
The simplification of the verification of the legitimate status of the property represents a paradigm shift in the sector. This change aims to streamline bureaucratic procedures, reducing the time and costs associated with compliance checks.
Previously, the legitimate status of a property was represented by the coexistence of the permit that had provided for its construction or legitimacy and the one that had regulated the last building intervention. With the new provisions, however, the legitimate status can be demonstrated alternatively by one of the two permits, integrated with any subsequent titles that have authorized partial interventions.
Another new feature introduced is the possibility of demonstrating the legitimate status of the property through suitable titles, after payment of the relevant sanctions or oblations. This allows for greater flexibility in regularizing properties that, despite having been legally built, may have difficulty finding all the necessary historical documentation.
Another relevant aspect is that, for the purposes of demonstrating the legitimate status of individual real estate units, the discrepancies in the common parts of the building referred to in Article 1117 of the Civil Code are irrelevant. Similarly, for demonstrating the legitimate status of the entire building, the discrepancies in individual real estate units are irrelevant. This clarification eliminates many problems that could arise in condominiums, simplifying regularization procedures.
In parallel, the liberalization of changes of intended use could lead to a radical transformation of the urban fabric. An approved amendment establishes that the change of intended use of the single real estate unit, with or without works, within the same functional category, is always permitted in compliance with the sector regulations.
For real estate units located on the ground floor or in the basement, the transition to residential use will be regulated by regional legislation.
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Habitability and recovery
The review of the habitability requirements introduces differentiated standards, recognizing the different needs of historic and new buildings.
For buildings undergoing recovery or renovation work:
- Minimum internal height: 2.40 metres
- Minimum surface area for studios: 20 m2 for one person, 28 m2 for two people
For buildings without redevelopment projects:
- Minimum internal height: 2.70 metres
- Minimum surface area for studios: 28 m2 for one person, 38 m2 for two people
The qualified design technician will have the task of certifying, for the purposes of the certified notification of commencement of activity (SCIA), the conformity of the project to health and hygiene standards, ensuring compliance with the minimum established requirements.
In addition, the recovery of attics it is now permitted even when the intervention does not respect the minimum distances between buildings and from the boundaries, provided that the distance limits in force at the time of construction of the building are respected. This provision could encourage the recovery of currently unused living spaces, helping to reduce land consumption and revitalize urban centers.
Another important innovation introduced concerns the unlimited maintenance of removable structures built for health, assistance and educational purposes during the Covid-19 health emergency. These structures, if compliant with the established requirements, can continue to be used without having to obtain new permits, thus ensuring the continuity of essential services.
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Free construction expands
The decree includes new categories of interventions in free construction, further simplifying some aesthetic and functional changes:
- Creation of removable and totally transparent panoramic glass windows (VEPA) in all the porticos
- Installation of sun and weather protection structures, such as pergola awnings with retractable fabric or adjustable elements, including “bioclimatic” awnings
- Awnings, outdoor awnings, pergola awnings
These interventions are permitted provided that they do not create a permanently closed space.
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Special cases: Vajont
A specific amendment concerns the Vajont properties, recognizing the particular situation of this area hit by a historical tragedy.
The issuing of the test certificate or the certificate of proper execution, or the verification of the status of the works for the disbursement of the balance of the contribution, is equivalent to all effects to the certificate of habitability or usability, without prejudice to the conformity of the works with the building and urban planning regulations in force at the time of construction.
This provision aims to facilitate the reconstruction and recovery of an area that still bears the signs of a traumatic event.
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Final thoughts
The Salva-casa Decree 2024 marks the beginning of a new era for the Italian construction industry. If interpreted and applied wisely, it could be the key to unlocking the untapped potential of the Italian real estate heritage, contributing to urban regeneration and the creation of more liveable and sustainable cities.
However, it is important to note that some measures initially envisaged, such as the “Save Milan“, were not included in the final decree. This underlines the complexity of the legislative process and the need to balance different needs and interests, including the protection of historical heritage, urban development needs and building safety.
The future of Italian construction is now in the hands of those who will be able to take up this challenge with creativity and responsibility, taking into account the new opportunities offered by the decree but also the need to preserve the quality and safety of the national building heritage. It will be essential to carefully monitor the implementation of these new rules to ensure that they achieve the objectives set without compromising the urban and environmental integrity of our cities.
