Free construction
L’Article 6, paragraph 1, letters b-bis and b-ter of Presidential Decree 380/2001 has been modified to include the installation of Panoramic Sliding Windows (VEPA) in free building regime, even on lodges within the building or porticos, except those with public use rights or located on external fronts facing public areas.
The installation of the following is permitted under the free building regime: awnings, pergola awnings, even bioclimatic, with retractable awningprovided they do not create permanently closed spaces and are in harmony with the existing architecture.
Legitimate state
The changes to theArticle 9-bis of the Presidential Decree 380/2001 allow to demonstrate the legitimate status of a property using thelatest building permit which affected the entire property, or through the regularization of variants prior to 1977 with payment of the fine. Other methods include the titles issued for verification of conformity and the payment of pecuniary sanctions.
In case the building permit cannot be found, the legitimate status can be demonstrated through cadastral information, photographs, cartographic extracts or archive documents.
Change of intended use
With the reformulation of theArticle 23-ter of Presidential Decree 380/2001are allowed changes of intended use for single real estate unitsboth with and without works, in compliance with sector regulations and the conditions set out in urban planning instruments.
Changes in use of entire properties within the same functional category I am always allowedunless otherwise provided by regional provisions.
For changes of use without works, the following is always necessary: Presentation of the SCIAwhile for those with works the appropriate building permit.
Construction and execution tolerances
L’Article 34-bis of the Presidential Decree 380/2001 it interests the construction tolerancesparameterized on the usable surface area of the real estate unit. After the Salva-Casa, the tolerances vary from 2% to 6% depending on the surface area.
The 2% tolerances also apply to minimum measures regarding distances and hygiene requirements.
For real estate units in seismic zones, Certificate of conformity is required to the technical standards in force at the time of the intervention.
Verification of conformity for partial non-conformities
With the new Article 36-bis a new procedure is introduced for the verification of compliance in regularization, eliminating the requirement for double complianceIt is sufficient to demonstrate the current urban planning compliance and the building compliance at the time of construction.
The release of the permission to build or of the SCIA in regularization may be subject to the execution of interventions necessary to comply with technical safety regulations.
For the restricted propertiesit is possible to request a binding opinion on landscape compatibility.
New health and hygiene requirements
The Save-Home Decree-Law introduces the possibility of derogate from health and hygiene requirements: for rooms with a minimum internal height of less than 2.70 metres, up to maximum limit of 2.40
meters; for single-room accommodation, for one person, with a minimum surface area, including services, of less than 28 square metres, up to a maximum limit of 20 square metersi, for two people, less than 38 square meters, up to a maximum limit of 28 square meters.
This exemption, valid pending the redefinition of the requirements, is granted if the project respects adaptability and improves the hygienic-sanitary conditions of the buildings.
The premises must be located in buildings subject to building recovery or submit a renovation project that guarantees suitable hygienic-sanitary conditions.
Alienation of illegal properties and proceeds of fines
With the new Article 31 of the Presidential Decree 380/2001 a is introduced new procedure for the sale of properties with illegal works. If they do not conflict with relevant interests, the Municipality can proceed with thealienation of the propertymaking the contract subject to the removal of the illegal works.
The revenues deriving from the sale of illegal properties and from the fees for the verification of conformity must be allocated by the Municipalities for one third at the demolition of illegal works, to completion of unfinished public works, to the urban regeneration and to the Consolidation of real estate for prevention of hydrogeological risk.
Temporary Removable Structures Covid-19
The possibility of maintain the removable structures built during Covid-19 Also over 180 days prior to CILAif: municipal urban planning regulations and sector regulations are respected; the structures are used only for health, assistance or educational purposes (therefore, outdoor areas created by bars and restaurants are not included); the continuing need for use is demonstrated.
