The tolerances listed in detail
The Salva Casa decree modified article 34-bis of your relative to the tolerances that do not constitute building irregularitiesspecifying even the contours even better.
They fall within the list:
- discrepancy with respect to the project regarding height, detachments, cubature, covered area and any other parameter of the real estate unit (construction tolerances);
- Geometric irregularities, changes to the finishes of the minimum buildings, a different location of plants and internal works, correct design errors on site, material errors of design representation of the works carried out during the execution of building permitting securities (executive tolerances).
The tolerances are such If the deviation does not exceed 2%pre -established and not modified percentage for all the interventions carried out from 24 May 2024 onwards, that is, from the date of entry into force of the decree.
Instead, a tolerance regime paramented to the useful surface of the property For interventions previously carried out with the declared objective of bringing the minimum irregularities of the minimum entity due exclusively to the limits of the construction techniques used in the past in the riverbed of the legality.
The rules before and after the decree
According to this regime, therefore, do not constitute building violation the deviations of the parameters of the single real estate unit compared to the useful surface (as defined by the ret by the limit of:
- 2%, for real estate units> 500 square meters of useful surface;
- 3%, for real estate units from ≤ 500 square meters to ≥ 300 square meters of useful surface;
- 4%, for real estate units from
- 5%, for real estate units from
- 6%, for real estate units
Applicable only the ordinary regime of 2%on the other hand, starting from the date of entry into force of the decree onwards.
Verification of the date
For the purposes of the certificate of the legitimate state, the construction tolerances and those executive They are declared by the technician authorized in the forms relating to new instances, communications and building reports in the sale deeds. Since the deviation percentages are different depending on the period, the date of the execution of the works must be ascertained.
No problem if it is a intervention carried out through a building title which provides for the communication of the end of works. If instead these are interventions for which the declaration of end of work it was not presented In consideration of the qualifying or type of intervention title, the proof of the era of the construction of the intervention must be provided on the basis of the documentation available to the Municipality based on previous building securities or with research in the archive, photographic tests or other, or with an attestation of the technician.
Remains in fact borne by the private individual proof of the realization of the intervention by May 24, 2024underlines MIT, as it is a prerequisite to access an administrative regime other than the ordinary one.
The limitations for bound properties
Particular attention, then, must be paid to the tolerances on bound properties. As indicated in the FAQ, in fact, if the property is subject to constraints pursuant to Legislative Decree 42/2004, the tolerance declaration is not always obvious. While in fact for the Constructive tolerances The regime parameted to the useful surface of the property is applicable given that these are problems dating back to the construction of the real estate unit, in the case of executive tolerancestherefore interventions carried out subsequently, the deviations with an increased percentage apply limited to properties not subject to protection.
Consequently when the property is subject to protection, explains the MIT, this specific tolerance regime will not be able to operatebut any amnesties will have to be provided.
Alternative tolerances, not cumulative
It is necessary to resort to the amnesty even when deviations in different parameters are found some of which within the threshold and others do not. For example, the MIT, where the Difference covered surface and height And only one of the two exceeds the maximum percentage of deviation indicated can be proceeded to declare tolerance only with reference to the discrepancy falling within the aforementioned percentage, while a building procedure will be needed in amnesty for the one that exceeds the threshold. The types of discrepancies indicated by the legislator, in fact, they should not be considered cumulative, but alternatives.
Properties in seismic areas
In seismic areasFinally, one more verification is needed by the technician in order to declare the tolerances. For real estate units located in seismic areas that are not classified in low seismicity, in fact, the technician will have to certify that the interventions falling within the tolerance thresholds respect the requirements of the rules for constructions in seismic areas placed by the consolidated text.
