The possibility of amnesty arrives for interventions carried out in partial non-compliance with the building permit or the SCIA, overcoming the institution of double conformity. There draft house plan 2024 examined by the pre-council, it was approved by the Council of Ministers on 24 May. Let’s see what it predicts the text
The amnesty
In particular, the law establishes that until the terms of the building permit expire and in any case until the imposition of administrative sanctions “the person responsible for the abuse, or the current owner of the property, can obtain the building permit and submit the report certificate of commencement of activity under amnesty if the intervention complies with the urban planning regulations in force at the time of submission of the application, as well as with the requirements prescribed by the building regulations in force at the time of construction”.
There is a tolerance of up to 5% of the surface area foreseen by the building permits for interventions carried out until 24 May 2024. This is what is foreseen in a draft of the housing plan being examined by the pre-council convened in view of tomorrow’s Council of Ministers.
The law provides in particular that failure to comply with the height, separations, volume, covered surface area and any other parameter of the individual real estate units does not constitute a building violation if they fall within 5% of what is foreseen in the permit for properties up to to 100 m2; within 4% for properties from 100 to 300 m2, within 3% for properties from 300 to 500 m2 and within 2% for properties over 500 m2.
The draft introduces “executive tolerances” also for “the smaller size of the building, the failure to create non-structural architectural elements, the executive irregularities of external and internal walls and the different location of internal openings, the different execution of works falling within the notion of ordinary maintenance, design errors corrected on site and material errors in the design representation of the works”.
In seismic areas, a technician must certify that the interventions comply with the safety requirements.
House plan, change of use
“The change in the intended use of the single real estate unit without works within the same functional category” and “between the functional categories relating to the category: residential; tourist-accommodation; productive and office and commercial”. This is what is foreseen in a draft of the housing plan being examined by the pre-council and which should go to the Council of Ministers tomorrow.
For real estate units located on the first floor above ground “the transition to residential use is permitted only in the cases expressly provided for by the urban plan and the building regulations”.
Pharmacy and school tents may remain
Removable glass windows on loggias and balconies, pergola awnings but also porticoes within the building can be installed in free buildings, and therefore without “any qualification, permit and/or communication”. This is what is foreseen in a draft of the housing plan being examined by the pre-council and which should go to the Council of Ministers tomorrow.
The installed elements must not configure “stably closed spaces with consequent variations in volumes and surfaces” and must “reduce the visual impact and apparent bulk to a minimum”.
The removable structures created for health, welfare and educational purposes during the national state of emergency” linked to Covid-19 and “kept in operation” can “remain installed in derogation of the time constraint” in the presence of “proven and objective needs suitable to demonstrate the continuing need
