What’s new in the Salva Casa Decree for free construction: yes to bioclimatic pergolas

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Emma Potter

The works that can be carried out in free construction are further extended, this time also including bioclimatic pergolas, structures with roofs composed of adjustable slats that protect from atmospheric agents. This change, approved by the Environment Committee of the Chamber, is part of the Save the House decree.

But what are the other changes introduced and how will they affect the construction sector?

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New rules for bioclimatic pergolas

With the approval of the amendment to the Save the House Decree (Legislative Decree no. 69/2024), bioclimatic pergolas are now included in the catalogue of works that do not require specific permits or authorisations. These structures, equipped with adjustable slats, can be installed without any authorisation, as long as they meet certain requirements.

Pergolas must be attached to or annexed to buildings or real estate units and may have fixed structures necessary for support and extension. However, their installation must not create permanently closed spaces or involve variations in volumes and surfaces.

Furthermore, they must have technical-constructive and aesthetic characteristics that minimize the visual impact and apparent bulk. This change aims to simplify bureaucratic procedures, reducing uncertainties and litigation related to the installation of such structures.

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Removable panoramic windows (Vepa)

Another important change introduced in the free building catalogue concerns the removable panoramic glass windows (Vepa). For some time now, these structures could be installed without the need for specific permits or authorisations.

However, the Salva Casa decree introduced some clarifications.

Vepas can be built in free construction even on porticos, but with one important exception: they cannot be installed on porticos burdened by public use rights or located on the external fronts of buildings that face public areas.

This restriction was introduced to prevent such installations from interfering with the public use of spaces or with the aesthetics of buildings overlooking public areas.

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Details of the legislative changes

The law converting the Save Home decree, currently being discussed in the Chamber, is making several changes to the Consolidated Building Act (Presidential Decree no. 380/2001).

In addition to the new features regarding bioclimatic pergolas and Vepa, there are other changes that could be introduced in the coming weeks. Among these, there are the chapters regarding building tolerancesthe habitability requirements of the properties and the specific provisions for Milan, known as Save Milan.

These aspects are still under discussion and could undergo further changes before the final approval of the decree in the Chamber.

Erica Mazzetti of Forza Italia stressed the importance of Salva Milano, an intervention considered necessary but which must be carefully managed to avoid negative side effects.

The transition period envisaged in the current drafts is still poorly defined and risks creating a regulatory vacuum of at least six months, during which new work could be blocked.

Mazzetti proposes to keep the release of permits unchanged until the end of the transition period to avoid this problem. The issue of Salva Milano is crucial to guarantee the continuity of construction work in the city and prevent delays and bureaucratic complications.

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Clarifications on awnings

The Save Home decree also provided clarifications on theInstallation of awningsIn the past, case law has often had to determine on a case-by-case basis the authorisations required for such installations.

By adding a specific entry in the Consolidated Building Act, the decree has attempted to clarify by including a list of works that do not require authorization.

This list now includes awnings, awnings, and patio awnings, as well as the new addition of bioclimatic pergolas. The goal is to reduce uncertainty and litigation, although some experts remain skeptical about the effectiveness of a detailed list in this regard.