ANCI's proposals to improve Home Saving during conversion


Emma Potter

Need for an organic reform of the Consolidated Building Act

ANCI underlines the importance of following the emergency measure with a overall and homogeneous reform of the Consolidated Building Act.

The objective is to systematize interventions and building permits to avoid the overlapping state and regional regulations which cause ambiguity and operational difficulties.

While agreeing with the general structure of the decree, ANCI believes that some rules should be integrated and clarified to ensure greater consistency and ease of application.

Expansion of free building categories

The decree expands the categories of building interventions that can be carried out without a permitincluding for example the creation of removable panoramic windows (VEPA) and sun protection works.

However, ANCI believes that a better wording of the law is necessary to avoid ambiguous interpretations, especially regarding the definition of “porticos”. Furthermore, for the association it is appropriate that it is clear to the interpreters that we are talking about
accessory structures for essentially domestic useessentially attributable to
concept of furnishing elements Not certain of huge awning verandas of restaurants and public establishments generally; otherwise, as unfortunately often happens, the inevitable disputes will end up before the TAR.

Documentation certifying the legitimate status of the properties

The proposed changes aim to simplify the verification of the legitimate status of properties, but ANCI highlights the need for clarification regarding the inclusion of sanctions and oblations in the qualification documents.

Furthermore, it is recommended to avoid the creation of legitimate expectations on building violations that are only represented and not remedied.

Changes in intended use

ANCI proposes corrective to safeguard the power of municipal planning instruments to impose limitations on changes in intended use.

The current rule risks limiting the ability of municipalities to prevent phenomena of urban degradation and functional imbalancessuch as the residential emptying of historic centers under strong tourist pressure.

For ANCI it is also necessary to specify what happens to building interventions of any kind carried out after change of use without works and therefore if there is a time interval for which it can be considered a single renovation intervention rather than a change of use and subsequent maintenance intervention.

Construction tolerances

The manufacturing and manufacturing tolerances they are remeasured in inverse proportion to the useful surface area.

ANCI underlines the difficulties in applying these rules, especially due to the need for coordination with landscape provisions. An organic and permanent regulation of construction tolerances is hoped for to guarantee regulatory clarity.

Partial discrepancies

The provisions of the decree simplify theconformity assessment for partial discrepanciesbut ANCI highlights the importance of avoiding a misalignment with the financial penalty replacement of the restoration foreseen for illegal building renovation (art. 33), the latter not increased.

Conformity assessment

ANCI explains that having been eliminated in theart. 36 the reference to partial discrepancies from the building permitit no longer seems possible remediate an intervention with double compliance for a feeby way of oblation, of the construction contribution in double amount (and not of the sum foreseen by the new one art. 36-bis, which could be much higher in some cases). This is illogical, since in the aforementioned case we are dealing with a merely formal abuse which would therefore deserve more favorable economic treatment compared to the hypotheses regulated by theart. 36-bis.

The association then underlines that it is necessary to expressly provide for the possibility of propose a request for amnesty until notification of the case failure to comply with the demolition orderthereby partially rectifying – regarding the acquisition of the illegal work – what was specified by the Council of State (Sentence no. 16/2023).