Salva Casa Decree: simplifications coming soon, here’s what’s new

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Emma Potter

The Salva Casa Decree, also known as DL 69/2024, is currently being converted into law. This decree introduces urgent provisions on building and urban planning simplification.

Currently under examination by the Environment, Land and Public Works Committee of the Chamber, 517 proposed amendments have been presented to the decree.

But what exactly do these amendments propose? And how could they affect the decree?

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Modifications to porches and pergolas

Currently, the law allows for the closure of porticos that are inside the building with VEPA in the free building regime. However, two amendments propose to exclude from this possibility porticos subject to public use rights or public use easements, and those located on the external fronts of the building facing public roads or other public spaces.

Furthermore, some amendments suggest changes to installations already simplified by the Salva Casa, such as awnings and pergolas with retractable awnings, proposing to add to the list also pergolas covered by glass elements and roof windows.

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Recovery of attics

One of the proposed amendments allows for the recovery of attics even when the size of the relevant lot does not allow compliance with the minimum distances between buildings and boundaries, provided that this is provided for by regional law.

This change aims to facilitate the redevelopment of buildings, increasing the available living space without having to rigidly respect the current distances.

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Rules on changes of intended use

The amendment proposals relating to changes of intended use are various. Some proposals of the majority aim to further simplify the processes and procedures for the change of intended use, making the bureaucratic steps easier.

On the other hand, the opposition seeks to introduce limitations, such as restrictions on the transformation of long-term leases into short-term tourist leases, to better control the use of properties and protect residential rentals.

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Legitimate status of the property and underground rooms

An amendment proposes that the legitimate status of a property can also be established through the certificate of habitability or usability, issued after a procedure that verifies the existence of the necessary permit for the construction or legitimation of the property.

Another proposal provides that the legitimate status can also be determined by the building permits in regularization, issued following requests for building amnesty, by construction and executive tolerances, or by the regularization of non-conformities through the payment of pecuniary sanctions.