SCIA in amnesty: complete guide to the regularization of building violations


Emma Potter

The Certified Report of Start of Activity (SCIA) in amnesty is a fundamental tool for those who find themselves having to regularize works carried out without the necessary authorizations.

This procedure not only avoids the heavy fines associated with illegal building, but also ensures that any changes made to the property are in full compliance with current planning laws.

Through the use of online platforms for managing practices, the amnesty process becomes more accessible and manageable, allowing property owners and industry professionals to navigate the bureaucratic path with greater clarity and efficiency.

Let us therefore see in detail the nature and application of the SCIA in amnesty, offering a clear guide on how to proceed to successfully regularize unauthorized building interventions.

What is SCIA in amnesty?

The SCIA (Certified Report of Start of Activity) in amnesty, also known as SCIA and assessment of conformity, is outlined by the art. 37 of Presidential Decree 380/2001. This administrative procedure allows property owners to regularize building works carried out without the necessary authorizations or in violation of current building regulations.

Its main purpose is to remedy situations of illegal construction, avoiding the related sanctions. It is mainly divided into two categories: the Late wakefor work still in progress, and the SCIA in amnesty for interventions already completed.

This legal instrument requires that the works comply with urban planning and building regulations both at the time of their implementation and at the time of presentation of the SCIA in amnesty, a criterion known as “double compliance”.

SCIA in amnesty: when is it necessary?

The need to present a SCIA in amnesty arises when building works have been carried out without the prior presentation of the building SCIA, which is essential according to current legislation. These jobs can fall into several categories, including:

  • Extraordinary maintenance interventions: works that affect the structural parts of the building or that involve significant changes to pre-existing structures.
  • Restoration or conservative rehabilitation interventions: works that may involve buildings subject to historical-artistic restrictions and which concern structural parts, requiring compliance with current regulations.
  • Light restoration interventions: these works, although not modifying the volume, intended use or shape of the property, require a SCIA in amnesty if they involve minor modifications carried out without the necessary authorizations.

The objective is therefore to regularize situations in which proceedings have been carried out without the necessary authorizations, guaranteeing the conformity of the interventions with current urban planning and building regulations, preserving the legal and commercial value of the property.

Submission procedure: who, how and where

To regularize building works through the SCIA in amnesty, it is essential that the works satisfy the double conformity criterion, conforming to urban planning and building regulations both at the time of their implementation and at the time of the amnesty request.

This concept is reiterated by the art. 36 “Assessment of conformity” of Presidential Decree 380/2001, which establishes who can submit the application and where. The person responsible for the abuse or the current owner of the property are the parties entitled to forward the SCIA amnesty request to the Municipality where the property is located.

This procedure differs from other similar ones, such as the CILA (Certified Notice of Commencement of Works), intended for interventions of an ordinary nature which do not affect the load-bearing structure of the building, do not modify the volume or intended use.

The SCIA in amnesty, on the contrary, is specifically designed for interventions that go beyond simple ordinary maintenance, requiring more accurate control and the presentation of more complex documentation in order to certify the compliance of the works with current regulations.

SCIA sanctions and costs in amnesty

The regularization of works through SCIA in amnesty implies the fulfillment of specifications financial penalties, determined on the basis of the increase in value of the property assessed by the Land Agency. The payment of a sum, varying from a minimum of 516 euros to a maximum of 5,164 eurosis necessary to complete the amnesty process.

This flexibility in determining the sanction allows the amount of the same to be adjusted to the extent of the regularized building intervention.

The sanctions also apply in the case of works involving properties subject to specific constraints, such as historical-artistic ones, for which the competent authority may request the return of the property to its original state at the expense of the person responsible for the abuse, in addition to the application of additional financial penalties.

The procedure also provides that in the absence of a response within 60 days from the Ministry for Cultural Heritage and Activities on issues related to the restitution of the state of the places or the application of sanctions, the competent office can proceed autonomously with the determination of sanctions.

SCIA in amnesty in progress

A peculiar aspect of the SCIA in amnesty concerns the interventions during construction. Submit a SCIA in amnesty while the works are still in progress does not exempt you from paying a fine, set at 516 euros, but allows you to comply with current regulations, avoiding further legal and administrative complications.

In case of detection of violations, the competent authority will issue a reasoned order to suspend the execution, providing the interested party with the possibility of adapting the intervention to the regulatory requirements through a new presentation of the SCIA, adequately corrected.