Legitimate state, verifies only the latest title available
The verification of previous qualifications by the municipal offices may be alleged If in the forms relating to the latest intervention, the citizen has duly indicated the extremes of previous titles. This mechanism can be applied both to the titles issued by the PA (as in the case of a building permit), both to the titles formed by virtue of a silent assent (as in the case of the wake).
Use of the new procedures in amnesty for multiple purposes
The save house allows you to start “multiple purposes” procedures presenting the Municipality anthe only instance both to make the change of use and to carry out the construction works functional to the new destination of the property. In this case, the municipal offices will start, in fact, a “multiple purpose” procedure, within which it will be at the same time examined both the legitimacy of the intervention to be performed and of the change of use requested. At the outcome, a only qualification.
By way of example, a citizen will be able to submit a single request in which, at the same time, he asks for the amnesty of a discrepancy of the past and the change of use of the property conditioned to the amnesty.
Sanatoria on bound properties
Citizens are allowed to submit an application for to the municipal offices assessment of landscape compatibility also in the hypothesis of increasing volumes or surfaces. In this case, without any foreclosure operates, a sub-project aimed at acquiring within certain times (with a silence-assent clause) special opinion both by the region (or by the delegated body) and the superintendency for the purposes of the positive conclusion of the main procedure of ordinary amnesty.
In the face of the reports collected by numerous municipal administrations, which report the Resistance of some superintendencies in the implementation of newsthe MIT guidelines specify the Full operation of the mechanism in amnesty Disciplined in the new article 36-bis, paragraph 4 of the Consolidated Building text. Furthermore, it is reiterated that the tolerances calculated on the new thresholds (from 2 to 6%, depending on the surface of the real estate unit) they can also be asserted on bound properties.
Regularization Variants Ante ’77
For the regularization of partial discrepancies carried out during the works relating to a title issued before January 30, 1977, just submit a Wake in amnesty and pay the relative sanctionincluded Between 1,032 and 10,328 eurosand the most favorable sanctioning treatment already foreseen for the assessment of conformity of the interventions performed in the absence or in discrepancies from the building trail will be applicable.
To clarify what are the cases for which you can access this procedure, the MIT guidelines specify that It is sufficient that the variants to be regularized were carried out in the context of the works attributable to a title issued before January 30, 1977even if they were made on the following date.
It is also defined as clarified that the municipal officesunlike what happens in ordinary amnesty practices, they are not called to carry out any verification regarding the compliance of the variant compared to urban and building regulations.
Applicable penalties
The MIT guidelines provide Methodological criteria orientative for municipalities for the correct determination of the sanctions in question, inviting them to refer to application practices already in use Before the entry into force of the DL save home. In particular, in the event that the Municipality believes that the intervention Not It has determined an increase in the venal value of the property, a sanction equal to the minimum edict thresholds can be applied directly, without the need to involve the offices of the Revenue Agency.
In other cases, however – according to the provisions of the New forms being adopted – will be paid in two phases: a first part of the penalty at the time of the presentation of the request for SCIA in amnesty; The adjustment to the outcome of the quantification of the increase in the venal value by the Revenue Agency.
Change of intended use, resolutions of the Municipalities in the light of the DL
To implement this provision, the guidelines clarify that The specific conditions that facilitate changes of intended use must be specifically identified by the Municipalitiesalso taking into account what has already been foreseen in municipal urban toolsthrough special Determinations adopted after the entry into force of the home saved houseavoiding that these conditions can implicitly derive from urban planning tools approved before and as such not consistent with the simplification made by the reform.
As for urban planningthe MIT specifies that The contribution for primary urbanization charges is not due and that the exemption from the finding of the areas and from the payment of the primary urbanization charges also in the presence of contrary municipal provisions.
Attic
The Salva Casa introduced one derogation on distancesallowing the intervention of recovery of the attic also in those cases where it is not possible to respect the minimum distances between buildings and boundariesas happens, for example, within contexts already totally urbanized. The guidelines remark as the simplifications introduced will be able to operate in all those regions that have already intervened or will intervene in the future with its own provisions to regulate the recovery interventions of the attic, even if the regional discipline provides only a partial regulation of the interventions in question.
We soon wait for the publication of the official document.
