Last July 28th was Save Home Decree 2024 approved bearing the Urgent provisions on building and urban planning simplification. Among the objectives, there is also that of allowing the recovery and regeneration of buildings, also through the regularization of minor building irregularities.
The latter is configured as a opportunity to seize to regularize the properties And unlock the sale of those who cannot be placed on the real estate market precisely because of these irregularities.
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The Save Home Decree 2024
Legislative Decree no. 69 of 05.29.2024, converted into Law no. 105 of 07.24.2024, is better known as the Save the House Decree and contains a series of measures aimed at:
- simplify building and urban planning regulations and thus respond to the growing housing need, promoting the recovery of existing real estate assets and reducing land consumption;
- relaunch the real estate marketencouraging growth in the value of real estate;
- facilitate building recovery and regeneration also through the regularization of minor building irregularitiesin order to ensure and promote a rapid exchange of goods in the public interest.
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Is the Salva Casa decree a building amnesty?
The possibility of healing abuses may have brought to mind the famous building amnesties which in the past (Art.31 of Law 47/1985) made it possible to regularise works completed by 1 October 1983 and carried out without a license or building permit or based on a cancelled or expired building permit or concession or become ineffective, without any reference to compliance and urban planning regulations.
Both the Builders’ Association and the Ministry have clarified that the Salva Casa Decree it does not constitute a building amnesty. Instead, it is a series of measures that allow for the correction of small discrepancies structural bypassing the double compliance constraint.
Until before the Salva Casa Decree, in order to regularize an illegal structure, it was necessary, in addition to paying the fine, to also demonstrate double compliance. That is, it was necessary to demonstrate that the intervention subject to regularization was compliant with the urban planning and building regulations in force. both at the time the abuse was committed and at the time of demonstration of the amnesty.
This is how the requirement of double conformity made it impossible to remedy some abuses, even minor ones, and blocked the possibility of placing the property on the market.
The Salva Casa 2024 decree intervenes by creating a sort of exception to the requirement of double complianceat least as far as the partial abuses. Thanks to it, for partial non-conformities, it will be sufficient for the work to comply with the urban planning regulations in force at the time of the intervention, or to that in force at the time of submission of the request for regularization. In the case of total abuses, however, the requirement of double conformity remains in force.
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What discrepancies could there be with the Salva Casa decree?
The DL Salva Casa 2024 intervenes exclusively on minor deformities. Thanks to it, therefore, owners will be able to remedy:
- slight formal discrepancies – linked to interpretative uncertainties;
- internal discrepancies – concerning individual real estate units modified by the owners over the years (which could have been remediable at the time of the intervention, but which are not remediable under current legislation);
- so far unresolvable discrepancies due to the need for double compliance.
The interventions subject to the request for regularization must:
- to have been made before May 24, 2024;
- to have been certified by a technician.
The other parameter, we repeat, is the one concerning the compliance with regulations. Once the double conformity obligation has been overcome, with the Salva Casa Decree it is possible to regularize interventions that are:
- compliant with the regulations in effective at the time of the implementation of the intervention;
- ORcompliant with the regulations in force at the time of submission of the application of amnesty.
Which abuses cannot be remedied with the Salva Casa
The Salva Casa decree does not intervene in any way on serious building abuses. For the latter, therefore, the rules for the regularization remain those in force (Consolidated Building Act, Presidential Decree no. 380 of 2001).
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How to regularize minor discrepancies with the Salva Casa decree
In addition to overcoming the obstacle of double conformity, the Salva Casa Decree also intervenes streamlining the regularization procedure. With the Salva Casa, it is no longer necessary to reconstruct the entire history of building permits relating to the property (a procedure that could become very complex and block the works) but it is it is sufficient to only check the latest building permit issued.
The streamlined procedure then appears as follows:
Check for discrepancies
The first step concerns the verification of cadastral discrepanciesTo do this, you need to request the land registry certificate of the property and find the discrepancies that exist between the Description of the property in the documentation with the actual structures.
Pay the fine
The request for regularization requires the payment of a finebetween 1,000 and 32,000 eurosdepending on the increase in value of the property resulting from the abusive modifications.
Submit the request for regularization
After paying the fine, to start the regularization it is necessary to present:
- a SCIA, Certified Notification of Commencement of Activity;
- the request for a building permit in regularization.
The Decree introduces the “Silent Assent” after 45 days. After this period of time, the request for regularization, even if no response has been received, is to be considered accepted.
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Conclusion
The Salva Casa 2024 Decree represents a great opportunity for regularize minor building irregularities which, in many cases, have hindered the sale and enhancement of real estate. Thanks to the easing of requirements, it is now possible to resolve situations that have been blocked for years. This is the ideal time to perform a compliance check by consulting:
- the land registry certificate of the property to be verified
- the cadastral plan of the property to be verified
and, if necessary, start the regularization procedure. Healing these abuses not only will unlock any tradesbut will also help to revive the real estate market, offering new opportunities to both owners and buyers
