The scale of sanctions provided for by the regulations
The Salva Casa decree has established the costs of regularization, providing that the release of the building permit or the SCIA in regularization are always subject to the payment, as an oblation, of a sum which is basically diversified according to the type of irregularity, partial or total.
The sum also varies depending on whether or not the intervention carried out has double compliance in the “traditional” sense, that is, compliance with the urban planning and building regulations in force both at the time of the intervention and at the time of the application. When this is not the case, the bill is higher.
Calculations in case of partial or total non-conformity
In detail, in the event of partial non-compliance with the building permit or the SCIA, an amount is due:
- equal to double the construction fee or, in the case of free construction according to the law, in an amount equal to the construction fee, increased by 20%;
- equal to double the construction fee or, in the case of free of charge according to the law, in an amount equal to the construction fee, in the presence of double conformity.
In these cases, however, the figures due for the oblation are in fact indicated by the law itself. This is not the case when it comes to absence or total non-conformity.
The responsibility of technicians
The rules in fact provide that in the event of absence or non-compliance with the SCIAthe amount due to regularize corresponds to:
- an amount equal to double the increase in the market value of the property (assessed by the competent offices of the Revenue Agency), in an amount, determined by the person responsible for the procedure, not less than 1,032 euros and not more than 10,328 euros, in the absence of double conformity;
- in an amount of not less than 516 euros and not more than 5,164 euros where the intervention complies with the urban planning and building regulations in force both at the time of its implementation and at the time of submission of the application.
If the interventions concern the prospectuses or changes in intended usethe pecuniary sanction increases to three times the increase in the market value of the property resulting from the implementation of the interventions themselves and in any case to no less than 1,032 euros in the case of interventions relating to the facades, while for interventions carried out on properties subject to restrictions or within the historic centre, it varies from 516 to 10,329 euros.
For the total discrepancies, in essence, the entire responsibility for determining the exact amount of the sum due as an oblation falls on the municipal technicianand this leaves many doubts open. Hence the announcement by the Minister of willingness to make available a defined “price list”.
A vademecum for setting the right amount
Salvini has in fact announced his intention to prepare a explanatory circular to indicate to the Municipalities the amount of the penalty to be applied.
“Since there may be doubts among some municipal officials about the amount to ask for – the minister underlined – in order to also avoid disputes for damage to the treasury, appeals to the Court of Auditors etc., we will make a vademecum, a sort of price list, because the objective is to to speed up the regularization procedures”.
The aim in fact is to unblock the practices still stuck in the offices. A clear and defined commitment. However, no indication on the timing.
