Legitimate state property
One of the key aspects of the DL Save-Casa concerns the simplification of the demonstration of the legitimate state of the properties. According to the decree, it is sufficient to present the building permit relating to the latest intervention carried out on the entire property or on the individual real estate unit.
The Regions have provided operational indications: in Campania, Liguria, Sicily And Umbria theapplication is direct.
There Emilia-Romagna region clarified that the condition required (i.e. that the Administration has verified the legitimacy of previous securities) is considered satisfied:
- If both the PDC and the SCIA or the Cila (or equivalent titles of the past) have been issued/presented through the uniform regional forms, or other municipal forms that contained the certificate and documentary demonstration of the legitimate state of the building;
- In the event that the building practice presented for the works that have affected the entire property or real estate unit also included the previous building, as an attached documentation, or indicated the details of these documents already in possession of the municipal administration.
Changes of intended use
The indications on changes of intended use (Art. 23 ter) clarify the scope of application, distinguishing between individual real estate units and entire buildings, and specify that the simplifications Introduced cannot be implicitly deduced from municipal urban planning tools, but must be defined by the territorial bodies after the entry into force of the Salva-Casa Legislative Decree.
In Sicily the application is direct, while the Campania has detailed the requested building securities for each type of change of use.
The Municipality of Rome However, the provisions of the rules of municipal urban planning regarding the destinations of use and changes in admissible use destinations are also clarified; does not subject to the obligation to find further areas for services of general interest, It is not applicable as it can only operate in the lack of specific provisions of urban planning instead present in the NTA of the current PRG and finally nothing is varied with respect to what is due for the construction contribution and for any extraordinary contribution.
Constructive and executive tolerances
Art. 34-bis of Presidential Decree 380/2001, modified by DL 69/2024establishes that the applicable tolerance threshold will always be that of 2 percent. This rule is applicable both to the interventions carried out before May 24, 2024 and to the following ones.
The regions Campania, Liguria, Sicily and Umbria they have directly implemented the ministerial provisions.
THE’Emilia-Romagna He specified that the new parametric tolerances for the interventions carried out by May 24, 2024 provide for direct application, as well as the tolerances minimum measures, while for construction site tolerances stressed that the state discipline is without innovative effects of the system
regional, which already provides for a similar provision, with the only limiting specification according to which these tolerances, which the regional law generically referred to building processes performed “in the past”, now see a time horizon limited to the date of May 24, 2024.
Variant ante ’77
Another important aspect of the decree concerns the variants made before 1977for which the Release of the SCIA in amnesty no longer requires the verification of double conformity.
Umbria, Campania And Liguria they recognized theDirect applicability of this rule.
THE’Emilia-Romagna It recognizes the immediate application, prevailing on the different regional and specific provisions that in cases of structural relevance of the variant in the course of work also ’77 is applied to the provisions of paragraph 3-bis of art. 34-bis, which is believed to constitute a fundamental principle of matter and, for this reason, is also recalled by the new art. 36-bis with regard to the procedure for assessing conformity in the event of partial discrepancy and essential variations.
Landscape compatibility
The decree introduces one distinction between the landscape compatibility regulated by art. 36-bis and that provided for by the Code of Cultural Heritage and Landscape.
In Lazio, the new procedures provide that the opinion on landscape compatibility should be expressed by Superintendency within 90 daysafter which the silence-assent.
Derogation from the sanitary hygiene requirements
The decree allows derogations from hygienic-sanitary requirementsin particular for the recovery of spaces and premises in historic buildings that can be converted to residential use. However, until the adoption of the implementing decree of the Ministry of Health, the SCIA presented from 28 July 2024 they will continue to have effect.
THE’Emilia-Romagna He reiterated that these derogations are valid only for existing properties and not for new buildings. The Municipality of Rome He excluded the applicability of the rule to changes of intended use and demolition and reconstruction interventions.
Regional implementation and the need for uniformity
Al January 31, 2025eight regions (Campania, Emilia-Romagna, Lazio, Liguria, Lombardy, Umbria, Veneto and Sicily) provided indications on the application of the DL Save-Casawith interpretative differences that could create uncertainties for citizens and businesses.
THE’Ancein his updated dossier, he underlined that the regions must guarantee an application consistent and uniform of the legislation, avoiding divergent interpretations that could hinder the simplification objectives of the decree.
