Decree 69/2024, also known as the Salva Casa Decree, introduces several new developments in the building sector, including new rules regarding removable structures built during the Covid-19 health emergency.
Let us therefore try to understand the new regulations and the exemptions granted, the regulation of temporary structures built for health, welfare and educational purposes.
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Exceptions and urban planning requirements
Article 2 of Decree 69/2024 allows the maintenance of removable structures built during the Covid-19 emergency, provided that they comply with the requirements of municipal urban planning tools and sector regulations, including anti-seismic, safety, fire prevention, hygiene and health regulations, and those relating to energy efficiency and protection from hydrogeological risk.
It is also essential to respect the cultural heritage and landscape code. These structures can remain installed in derogation of the time constraint provided for by article 6, paragraph 1, letter e-bis), of Presidential Decree no. 380 of 2001, provided that there are proven needs that demonstrate their continuing necessity.
To maintain removable structures, it is necessary to present a CILA (certified notification of commencement of works) pursuant to article 6-bis of Presidential Decree no. 380 of 2001.
This communication must include the proven needs that justify the need to maintain the structure, the time of its construction and the relevant documentation. It is important to note that the territorially competent municipality has the right to request the removal of the structure at any time, if it is found not to comply with the indicated prescriptions and requirements.
The communication of commencement of works must be accompanied by the documentation required by article 9-bis, paragraph 1-bis, of Presidential Decree 380 of 2001, for try the time of realization of the structure. If it is not possible to ascertain the date with such documentation, the technician in charge may certify the date of construction with his own declaration, assuming legal responsibility for the truthfulness of the information provided.
In the event of false or mendacious declarations, the criminal sanctions provided for in Chapter VI of Presidential Decree 28 December 2000, n. 445 shall apply.
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Documentation to be submitted
In summary, to maintain the removable structures built during the Covid-19 health emergency, it is necessary to present a series of specific documents as required by Article 2 of Decree 69/2024.
Here are the required documents:
- Certified Notice of Commencement of Works (CILA)This communication must be drafted in accordance with Article 6-bis of Presidential Decree no. 380 of 2001 and must include:
- The proven and objective needs that justify the need to maintain the structure.
- The time of construction of the structure.
- The supporting documentation.
- Documentation to prove the time of production:
- The documentation required by article 9-bis, paragraph 1-bis, second and third periods, of Presidential Decree no. 380 of 2001. This includes:
- Declarations, certificates, and any other administrative or technical documentation that can prove the construction date of the structure.
- The documentation required by article 9-bis, paragraph 1-bis, second and third periods, of Presidential Decree no. 380 of 2001. This includes:
- Statement by the technician in charge: In case it is not possible to ascertain the time of construction with the standard documentation, the technician in charge can:
- Certify the date of realization with a declaration of your own under your own responsibility.
- This declaration must be accurate and truthful, since in the event of false or mendacious declarations, the criminal sanctions provided for by Chapter VI of Presidential Decree 28 December 2000, n. 445, apply.
- Attachments to the CILAIn addition to the above documentation, it is necessary to attach:
- Any other documentation requested by the territorially competent municipality which demonstrates the conformity of the structure to current regulations (e.g. anti-seismic, safety, fire prevention, health and hygiene regulations, etc.).
- Any Further Requests from the Municipality: The territorially competent municipality may, at any time, request further documents or the removal of the structure if it detects that the work does not comply with the regulatory requirements.
These documents are essential to ensure that the facilities comply with current regulations and to demonstrate their continuing need.
