The Save Home Decree, introduced with DL 69/2024 and converted into Law 105/2024is a regulation of great impact for the Italian construction sector.
The recent note from the Ministry of Infrastructure dated 6 December 2024 clarifies a fundamental point: the law is fully operational and does not require implementing decrees to be applied. This places Regions and Municipalities at the center of operational responsibilities.
Let’s delve deeper into what it means and how it impacts local administrations and citizens.
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A self-enforcing law: what it entails
The note from the Ministry reiterates that the Save Home Decree it is a self-enforcing lawi.e. fully operational without the need for further regulatory interventions by the Government. This implies that territorial administrations, such as Regions and Municipalities, must take action independently to manage citizens’ requests relating to the simplified amnesty provided for by law.
“The Save-Home decree-law is a state law that must be implemented by all competent territorial administrations. It is a self-implementing law, which does not require the adoption of implementing acts by the Government.”
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The role of Regions and Municipalities in implementation
Some local administrations have already taken action to follow up on the provisions of the decree, demonstrating a proactive approach. However, in other areas, there are delays and difficulties, leading to a stalemate in the application. In these cases, the Ministry’s note underlines that it is not possible to attribute responsibility for such failures to the Government.
“Under no circumstances can the Government be held responsible for the failure to implement these measures.”
Despite the self-applicability of the rule, the Ministry of Infrastructure is preparing an explanatory circular to facilitate territorial administrations in understanding and applying the new rules. This document, currently being finalized, will be a useful tool to overcome any interpretative and operational doubts.
“Precisely in order to avoid the stalemate situation recorded in some local areas, the Ministry of Infrastructure and Transport is examining with the competent administrations an implementation circular, soon to be adopted, to provide tools for reading the new rules.”
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Conclusion
The Save Home Decree represents an example of regulatory simplification, being self-applicable and operational without the need for implementing decrees. However, success will depend on the efficiency of local administrations in receiving and managing citizens’ requests. The upcoming explanatory circular could provide an important support tool to overcome any operational uncertainties.
