The so-called Save Home 2024 continues to attract attention. Examination of the conversion bill is now underway decree-law 29 May 2024, n. 69, “Urgent provisions regarding building and urban planning simplification”, published in the Official Journal and in force since May 30th. And it was precisely in this context that Confedilizia was heard in a hearing by the Environment Commission of the Chamber of Deputies. The Building Ownership Confederation expressed its appreciation for the measures introduced, asking that they be integrated and expanded.
The provision aims to remedy small irregularities present in Italian homes and to unblock some situations that make buying and selling difficult. According to Confconstruction, the measures envisaged by the Save Home decree they will be useful to homeowners and the real estate market.
Save Home Decree 2024, the requests made by the Confbuilding
Heared at a hearing by the Environment Commission of the Chamber of Deputies as part of the examination of the bill for the conversion of the decree-law containing urgent provisions on building and urban planning simplification, Confbuilding highlighted certain needs and made specific requests:
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intervene on the new regulation of constructive and executive tolerances by expunging from the text the foreseen time limitation (24 May 2024), as it is unjustified and a harbinger of unequal treatment;
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definitively overcome, as regards all cases of conformity assessment, the requirement of double conformity;
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make the interventions compliant also only with the urban planning and building regulations in force at the time of submission of the amnesty application, in order to avoid the paradox of having to demolish what is, however, achievable according to the current legislation;
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as regards the regulation of changes of use without works, with a view to greater simplification, introduce the express provision that the possibility, always admitted, of changes of use without works constitutes a fundamental principle of the legal system, operating, therefore , also in derogation of any provisions and limitations of municipal planning instruments;
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as regards variations during construction to building permits issued before the entry into force of law no. 10 of 1977, provide – again with a view to facilitating regularizations – that such interventions do not constitute building violations and are declared by the qualified technician, for the purposes of certifying the legitimate state of the properties, in the relevant forms or with a specific sworn declaration, attached to deeds having as their object the transfer or creation of real rights;
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provide for the same certification, by a qualified technician, for the purposes of recognizing the legitimate status of a property without the need, therefore, of a suitable procedure to verify the existence of a qualifying title, as instead provided for by the “Save Casa” decree ”.
Save Home Decree, what does it provide
The so-called Save Home decree, published in the Official Journal no. 124 of 29 May 2024, introduces changes to the Consolidated Construction Law and – among other things – provides:
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the possibility of closing porches with Vepa structures (Removable Panoramic Glass) and the installation in free buildings of works intended for protection from the sun or atmospheric agents;
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the possibility of proceeding through Scia with the change of use without works within the same functional category (“horizontal” change) and between different functional categories (“vertical” change) in zones A, B and C, upon change of use for real estate units on the ground floor only in the cases provided for by the urban plan and building regulations, without the need to find standards or parking spaces;
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the possibility of proving the verification of the legitimate status of a property not only from the title that legitimized the last building intervention, but also from all the titles issued in the amnesty, provided that the relevant sanctions have been paid, and the technician’s declarations on manufacturing tolerances are accepted as proof;
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the possibility, for interventions carried out by 24 May 2024, to have a threshold of 2% on the construction tolerance front adapted according to the useful surface area of the real estate unit, varying from 2% to 5%; however, these tolerances must not limit third party rights and any limitations must be verified by the technician;
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the possibility, 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, to overcome the double urban planning and building compliance; in this case it is sufficient to prove urban planning compliance at the time of the application and building compliance at the time of construction; green light then silence-consent mechanism if the Municipality does not express its opinion within 45 days for the amnesty permit and 30 days for the amnesty for the Scia, the payment of a financial penalty is still expected;
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the possibility for the Municipality to sell the properties with illegal works, 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;
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the possibility of maintaining removable structures built during the Covid emergency beyond 180 days, subject to Cila, provided that they comply with municipal planning regulations, are used for health, welfare or educational purposes, and demonstrate the need for their continued use.
