The Ministry of Infrastructure and Transport (MIT) is about to publish a circular that will clarify the costs of the oblations necessary to remedy building irregularities, as required by the new Save Home decree.
This provision aims to provide a clear reference framework for Municipalities, which currently encounter difficulties in correctly calculating the amounts to be requested for the regularization of small building defects.
What will be the new features foreseen by the decree? How will the management of pending construction practices change? Let’s find out in detail.
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The context and reasons for the circular
The Salva Casa decree introduces a mechanism that allows citizens to regularize building defects through the payment of oblations, which vary depending on the severity of the infringement and the conformity of the works. The MIT explanatory circular, requested by the Minister of Infrastructure Matteo Salvini, aims to create a standard “price list” to guide local authorities.
The objective is to eliminate the so-called “fear of signing” on the part of municipal officials, worried about the legal implications connected to the authorization of building practices, especially following the investigations conducted by the Milan prosecutor’s office.
The sanctions provided for by the decree range from a minimum of 1,032 euros to a maximum of 10,328 euros. However, in the presence of urban planning compliance both at the time of construction and at the presentation of the application, the amounts of the oblations will be halved, with a range that goes from 516 to 5,164 euros.
This system aims to provide a precise and uniform response to requests for building regularization, lightening the administrative burden on Municipalities and ensuring greater transparency.
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The purposes of the Save Home decree
The introduction of a “price list” for oblations by the Ministry of Infrastructure has a dual purpose: on the one hand, to simplify the work of the municipal offices, on the other, to encourage citizens to regularize their building position, thus encouraging a greater influx of revenue into the coffers of local authorities. According to the Ministry’s estimates, there are in fact thousands of pending cases that could finally find a solution.
The Municipality of Rome alone, for example, has approx 200,000 backlogsand linked to three previous amnesties.
Salvini’s idea is that, without this regulatory intervention, many of these procedures would remain blocked for years, generating uncertainty and stagnation in land management. The MIT circular, therefore, is configured as an operational tool designed to break deadlocks and allow Municipalities to resolve construction practices that have remained suspended, using the proceeds of the oblations to finance projects for the benefit of the community.
The long-term goal is to promote greater urban planning compliance and more efficient and transparent land planning.
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The impact of the decree on blocked construction sites
In addition to regularizing construction irregularities, the Salva Casa decree aims to unblock many construction sites that have been stopped due to disputes linked to alleged urban planning discrepancies. An emblematic case is represented by the city of Milan, where the prosecutor’s office started investigations into some construction sites that allegedly exceeded the height and density limits set by the municipal master plan.
This situation has led to a paralysis of works in several areas, with a negative impact on urban development and the local economy.
To resolve the problem, the majority in the Chamber presented a bill that aims to guarantee greater clarity in urban planning regulations. This provision should introduce a organic reorganization of the legislation within six monthsthrough an agreement between the government and local authorities. The objective is to avoid divergent and discretionary interpretations of the rules, establishing certain criteria for the approval of building projects, especially for those located in sensitive areas or with particular constraints.
This regulatory intervention will not only allow blocked construction sites to be unblocked, but will also avoid further interruptions in the future, promoting an environment of greater legal certainty for businesses and citizens.
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The new rules for urban planning
One of the main innovations introduced by the Salva Casa decree concerns the adaptation of the rules for urban planning at municipal level. The government, together with regions, provinces and municipalities, will have to identify the cases in which it is necessary to prepare a detailed plan or an approved subdivision for the construction of new buildings.
This will make it possible to standardize the regulations, ensuring more orderly and homogeneous management of the territory.
The provisions of the decree will apply in particular to building interventions already carried out or authorised before the entry into force of the new legislation. These interventions will be considered compliant with urban planning regulations, provided that they comply with certain requirements: the construction of new buildings on individual lots located in built-up and urbanized areas; the replacement of existing buildings in areas with a defined and consolidated urban structure; and renovation interventions on existing buildings in already urbanized contexts.
These clarifications are essential to avoid ambiguous interpretations and ensure greater transparency in the management of practices.
Furthermore, the decree introduces a new definition of building renovationwhich now also includes demolition and reconstruction interventions, both total and partial, provided they are authorized or carried out starting from the date of entry into force of the decree itself. This extension is particularly significant, as it expands the possibilities for intervention on existing buildings and offers an opportunity to renovate obsolete building stock without the need for additional permits.
