The summary table and the technical note commenting on ANCE
Here is a brief summary of what the Salva-Casa provides. The summary table and the ANCE technical note can be downloaded at the end of the paragraph.
Free construction – Recognized the possibility of closing porches with VEPA (Removable Panoramic Glass) structures, thus making interventions to improve living spaces simpler without the need for building permits. Furthermore, in free construction, the installation of works intended for protection from the sun or atmospheric agents is permitted.
Verification of legitimate status – Verifying the legitimate status of a property has been simplified. Now it can be proven not only by the title that legitimized the last building intervention, but also by all the titles issued in the amnesty, provided that the relevant sanctions have been paid. Furthermore, the technician’s statements on manufacturing tolerances are accepted as evidence.
Construction tolerances – For interventions carried out by May 24, 2024, the construction tolerance has been reparameterized. The 2% threshold was adapted according to the useful surface area of the real estate unit, varying from 2% to 5%. In these cases, if the property is subject to landscape restrictions, landscape authorization is not required. Some cases falling within the geometric tolerances have also been specified. It is important to note that these tolerances must not limit the rights of third parties and any limitations must be verified by the engineer.
Changes in use – Change of use without works within the same functional category (“horizontal” change) is always permitted through SCIA, respecting sector regulations. The change of use between different functional categories (“vertical” change) is also permitted in zones A, B and C, if it complies with the prevalent form of use in the property. For real estate units on the ground floor, the change is permitted only in the cases provided for by the urban plan and building regulations, without the need to find standards or parking spaces.
Conformity assessment – Double urban planning and building compliance is overcome for interventions carried out in partial non-compliance with the PdC or with the SCIA alternative to the PdC, and for those carried out in the absence or non-compliance with the SCIA. It is sufficient to prove urban planning compliance at the time of application and building compliance at the time of construction. Furthermore, the silent consent mechanism is introduced if the Municipality does not express its opinion within 45 days for the amnesty permit and 30 days for the amnesty SCIA. The payment of a financial penalty is always expected.
Alienation of illegal properties– Properties with illegal works can be sold by the Municipality, subject to the opinion of the competent authorities and on the condition that the buyer removes the illegal works, if these do not conflict with significant urban, cultural, landscape or environmental interests.
Temporary removable structures built during Covid-19 – Removable structures built during the Covid-19 emergency can be maintained beyond 180 days subject to CILA, if they comply with municipal planning regulations and are used for health, welfare or educational purposes, demonstrating the need for their continued use.
