Postponement to next year for the handbook on the application of the Save-Casa.
The announcement from the Minister of Infrastructure himself, Salvini, who only two weeks ago had ensured the first documentation with all the necessary clarifications by the month of November. A delay that will, however, as Salvini assured develop a “single package” which will contain, in addition to the explanatory circular, also the “price list” of the sanctions and the new forms updated to the rules of the decree.
But regions and municipalities must get busy because – underlined the minister in an official note –“It is a self-implementing law, which does not require the adoption of implementing acts by the government.”
But local authorities they really go against each other or they are just asserting their rights in the matter?
Delays and controversies
During a speech at the conference “The Consolidated Building Code” organized in Pesaro by the National Council of Surveyors and Graduate Surveyors, the minister on the one hand confirmed that he is working “on one application and explanatory circular of the rule to be sent to all 8,000 municipalities with forms, with specific cases, with the involvement of the Revenue Agency, to allow the technicians to work without having any doubts or worries about possible liability.”
On the other hand, however, he reiterates that “under no circumstances can the government be held responsible for the failure to implement these measures”. Clear measures and local authorities that are against it, or a provision that – as the minister himself says – like any new legislation “needs grounding”?
In short, the controversy over a delay in the implementation of the Save-Home for now shows no signs of stoppingeven if it is the minister himself who recalls that in matters of construction and urban planning, the adoption of detailed legislation is up to the Regions and the administrative powers for examining the requests presented by citizens are up to the Municipalities.
When Regions and Municipalities always have the last word
Furthermore, in the decree there are issues that remain the total responsibility of local authorities and these are not small issues, but the recovery of attics and gods changes of intended use. In the case of attics, in fact, the same decree establishes that interventions are necessary in any case “respect the limits and procedures established by regional law”. As for the change of intended use, changes with the new simplified procedure, reduced costs, and no obligation to find parking areas are always permitted but without prejudice to the possibility for municipal planning instruments to set specific conditions. And not only that. For real estate units located on the first floor above ground or in the basement, in fact, the change of intended use is governed by regional legislation and it is up to this to provide for the cases in which municipal planning instruments can identify specific areas in which the provisions can be apply.
So maybe on closer inspection it’s not a question of going against but of asserting one’s prerogatives.
Implementations and operational indications
A question that is also clear by reading the operational indications given regarding Salva-Casa da Emilia-Romagna, Liguria, Umbria and Sicily and by the Municipality of Rome.
Only four regions and one municipality have given operational indications regarding Save-Home. To take stock a ANCE dossier which examines and compares the various indications. From the dossier it therefore appears that with regards to the amnesty all the regions and the Municipality give indications for the full implementation of the rules without any particular problems in this regard.
The position on the matter is also interesting new minimum requirements for habitability linked to the reduction of square meters for one- and two-room apartments. Emilia-Romagna and the Municipality of Rome, in fact, specify that the exception to the dimensional and sanitary requirements is permitted for interventions on the building stock existing and not for new buildings and the derogating dimensional parameters cannot be applied even in the case of demolition and reconstruction and restoration of collapsed or demolished buildings. Possibly possible where the recovery building permit concerns premises that already legitimately present said dimensional characteristics (for example, as they were legitimately built before 1975 or condoned), in view of the overall improvement of the healthiness requirements.
Umbria, Sicily and Liguria, however, provide for thedirect application of the new provisions as they are already regulated by regional legislation.
In Rome no simplified changes of use
Finally, the position of the Municipality of Rome is of particular importance as it points out that when it comes to changes of intended use, it is Salva Casa itself that establishes compliance with urban planning regulations. Consequentially:
- however, the provisions of the municipal urban planning regulations regarding intended uses and changes in eligible uses remain unaffected;
- the non-subject to the obligation to find additional areas for services of general interest is not applicable as it can only operate in the absence of specific urban planning provisions present in the NTA of the current PRG;
- nothing has changed with respect to the amount due for the Construction Contribution (Primary Urbanization Charges, Secondary Urbanization Charges and Contribution relating to the cost of construction) and for any Extraordinary Contribution.
In short, in this case the Save-Home decree is de facto inapplicable.
