Tolerances and dimensions
According to the rules of theart. 34-bis of the Consolidated Building Act, the construction tolerances as such do not represent building violations. When the legitimate status is needed, it is sufficient for the technician to declare the presence of these “irregularities” in order to be in compliance without further complications.
Basic are within tolerances failure to comply with the height, distances, volume, covered surface area and any other parameter of the individual real estate units within 2% of the measures provided for in the permit. With the Salva-Casa decree, a paragraph was added to specify that for only building interventions carried out before the date of entry into force of the decree we instead have the following scale.
We therefore have a tolerance:
- 2% for real estate units with a usable surface area greater than 500 square metres;
- 3% for real estate units with a usable surface area between 300 and 500 square metres;
- 4% for real estate units with a usable surface area between 100 and 300 square metres;
- 5% for real estate units with a usable surface area of less than 100 square metres;
- 6% for real estate units with a usable surface area of less than 60 square metres.
Tolerances can concern all the parameters, including volume and covered surface area. So if we consider a 55 square meter house, thanks to the “new” tolerances we can have a surface area larger by 3.3 square meters, obtained perhaps by enlarging a mezzanine, or by closing a small balcony. For a 80 square meter house we can deviate by 4 meters from the original project, and so on.
Partitions, doors, system doors and ordinary maintenance
Specifically, the tolerances also include: geometric irregularities and the minor finishing changesthe different positioning of systems and internal worksthe Execution irregularities of external and internal wallsthe different location of internal openingsthe non-compliant execution of works falling within the definition of ordinary maintenance.
So for example, referring to the new percentages indicated, they will simply be indicated by the technician as tolerances, if not present in the project:
- walk-in closets;
- uninhabitable mezzanines;
- larger habitable mezzanines;
- closed balconies;
- more/less large balconies;
- partitions in different positions or with different dimensions;
- internal doors moved, eliminated, of another size;
- frames of other dimensions (provided with minimal variations);
- frames of other designs (round/oval/square)
- different arrangement of the systems.
Obviously you can have legitimate status even when there are multiple interventions of different types, all falling within the same category.
However, executive tolerances cannot be considered. those that are not expressly included in the list, such as, for example, the opening or transformation of windows and French windows, as the list in question only includes the different location of internal openings, or minimal irregularities in the finishes, not more far-reaching interventions.
Protected properties without widening of tolerances
Another issue to pay attention to concerns the properties subject to restrictions. In this case, by express provision of law, the tolerances are applicable, but not by referring to the new percentages. Whatever the size of the property, therefore, and whatever the constraint to which it is subjected, reference must always be made to a maximum of 2%.
Tolerances also applicable to older properties
With the new rules, however, life is decidedly simplified for those who live in buildings built before 1977that is, before the entry into force of the law 10/1977of the also “Bucalossi law”. Before this, in fact, it was not possible to make changes during construction, which made it very complicated to sell properties built in a previous period with slight deviations from the project. A “classic” case is that of the different size of the balconies or their position different from the project, most of the time only by a few dozen centimeters.
A minimal irregularity, which however required until yesterday the need for regularization. Now, however, this is no longer the case because the new construction tolerances re-parameterized on the dimensions of the apartments are also applicable for these properties, including obviously period buildings. Consequently, the declaration of the technician will be sufficient with much fewer costs and fewer complications.
