Regularizing an abuse: how much do you save with the Save-Casa rules on tolerances?


Emma Potter

The new regime of manufacturing tolerances

The decree basically confirms the concept of manufacturing tolerances i.e. the deviation in height, separations, volume, covered surface area and any other parameter of the individual real estate units compared to the project, then expressly specifying that fall into this category:

  • the smaller size of the building;
  • the failure to implement non-structural architectural elements;
  • executive irregularities of external and internal walls;
  • the different location of the internal openings;
  • the inconsistent execution of works falling within the notion of ordinary maintenance;
  • design errors corrected on site;
  • material errors in the design representation of the works.

As for the percentage change acceptable with the decree we went from a limit equal for all to one differentiated based on the size of the propertyhence these differences today they are no longer considered building violations if contained within a limit of:

  • 2% for properties with a useful surface area exceeding 500 m2;
  • 3% for properties with a useful surface area between 300 and 500 m2;
  • 4% for properties with a useful surface area between 100 and 300 m2;
  • 5% for properties with a surface area of ​​less than 100 m2.

It is also specified that for the purposes of calculating the useful surface area, the only surface area approved with the building permit that enabled the implementation of the intervention, net of any subdivisions of the property or real estate unit carried out over time.

Windows, doors, partitions

In compliance with these parameters, therefore, in order to sell an apartment which presents discrepancies that remain within the limits just seen it will no longer be necessary to remedy the irregularity by carrying out a building intervention to bring the property back to standard.

In practice, for example, if you find yourself with a smaller bedroom of a few tens of centimeters due to a partition, or in front of a door moved towards the back of the room or with a dividing wall not foreseen in the original project, the technician's report will be sufficient to certify the legitimate status if new interventions need to be carried out or if you want to sell the property

A simplification that is primarily suited to those who bought a house built in the post-war period, when it was easier for builders to update the project during construction without carrying out municipal procedures. It is not uncommon to find, for example, all the slightly larger balconies on one facade of the project, even just by a few tens of centimeters, because the builder of the time had gradually expanded, or unforeseen partitions put on at the last minute to change the layout of the rooms or recesses in the wall transformed into closets complete with doors.

How much you save

Until yesterday, therefore, in these situations it was necessary to resort to the SCIA in order to regularize the apartment with respect to the original project, also possibly carrying out the relevant building interventions. In these situations it was necessary estimate a series of services with average costs which:

  • survey of the state of fact and graphic elaborations: 300 – 800 euros;
  • information, research and documentary checks: 100-200 euros;
  • technical report: 250 -500 euros;
  • SCIA in amnesty: 1000 – 2000 euros depending on the type of intervention;
  • building intervention for restoration/elimination of abuse: 1,500 – 5,000 euros depending on the type of intervention;
  • land registry practices: 350-500 euros.

Figures that can be saved todaytogether with sanctions, as to certify the legitimate status in the face of irregularities within the (new) limits the sworn technical report is sufficient.

Certain There are still some points to be clarifiedstarting from that of the different execution of works falling within the notion of ordinary maintenance, but for this it will be necessary to wait for the parliamentary passage of the decree.