Save-Home decree, disguised amnesty: silent consent under accusation


Emma Potter

Silence-assent takes the place of silence-rejection

The most worrying change, according to the association, is theintroduction of silent consent to replace silent rejection for formal building violations. The novelty would be introduced by paragraph 6 of the new article 36-bis.

If the Municipality does not respond within 45 days, the request for amnesty is considered accepted and final. This means that many instances will be automatically approved, given the material impossibility of the offices to examine all the practices in such a short time. Furthermore, the reception will be definitive and non-revocableeven in the presence of false statements or errors.

For Legambiente, this legislation creates expectations and encourages new building abuses, masking the pardon by simplification rule.

Change manufacturing tolerances

Among the other critical aspects highlighted by Legambiente, there is also the modification of tolerance thresholds. The association specifies that thearticle 34 of the Presidential Decree 380/2001 provided that failure to comply with certain building parameters did not constitute a violation if within the limit of 2% of the planned measures.

The reform raises this threshold up to 5% for housing units smaller than 100 square metres, making discrepancies that cannot be remedied today.

Recalculation of financial penalties

Until now, the amount of the oblation for the building permit was based on double the construction cost or on double theincrease in the market value of the property in case of SCIA.

The reform provides that the obligation refers, both in the case of a building permit and in the case of SCIA, to theincrease in market value, between 1,032 and 30,984 eurosprobably leading to minimal sanctions and to a significant reduction in revenues for the Municipalities.

Double compliance

While the prediction of double compliance comes maintained for the interventions in the absence or non-compliance of the building permitthe reform abolishes double compliance for the interventions carried out in the absence or non-compliance of the SCIA (Certified Report of Start of Activity).

Therefore, to obtain the SCIA in amnesty it will no longer be necessary for the intervention to comply with both the legislation in force at the time of implementation and that at the time of the request, thus allowing previously unremediable abuses to be remedied.

Legambiente's proposals

Stefano Ciafaninational president of Legambiente, concludes by highlighting the chronic demolition problem of illegal constructions in Italy.

To effectively combat illegal construction, Legambiente proposes four main actions: give full power to the Prefects to demolish buildings not demolished by the Municipalities, increase sanctions for those who allow illegal users to connect utilities, allocate more resources to demolitions decided by local administrations and the judiciary e incentivize Municipalities to respond to amnesty applications still pending.