Save-the-home decree, the news in brief

With the approval of the Save-home decree, which allows small internal irregularities in properties to be remedied before May 24th – with the payment, in cases where it will be necessary to ask for a building permit or a Scia in amnesty, of an amount between 1,032 and 30,984 euros depending on the value of the properties – the owners of approximately 160 thousand homes in Umbria will have to check with their technician if there is the possibility (and opportunity) to regularize their property. A figure that is not estimated on the basis of the indication initially provided by the Ministry citing a check by the Cni study center, which for sample interviews on buildings affected by the Superbonus estimated that 80% of them were irregular.

Here are the clarifications from the Ministry of Infrastructure and Transport

The audience of the buildings affected in Umbria

Of the 199,939 residential buildings in Umbria, almost 5% (9,322 buildings to be precise) are affected, as of 30 April, by Superbonus interventions, and therefore with any irregularities already remedied, as required by the law to have the incentive . Then there are almost 30 thousand homes that present – this is an estimate – very serious irregularities, which cannot be remedied with the latest decree approved by the Government. There therefore remains an audience of almost 160 thousand homes which, potentially, could have undergone changes within them which could have been regularized at the time, but which now cannot, due to the double compliance system. That system that the Save-home decree is going to modify. Which in theory prevents you from selling the property, accessing a mortgage or grants in the event of works.

Obviously, this does not mean that in Umbria there will be 160 thousand requests to join this which has been called “mini-amnesty”: not all these buildings have actual differences and above all not all owners will be interested in remedying them if they have no intention of selling or to carry out work that requires particular authorisations.

The slight differences

The Save-home decree allows in particular to intervene on these types of discrepancies:

– formal deriving from interpretative uncertainties of the regulations in force with respect to the demonstration of the legitimate status of the property;
– construction of the real estate units, resulting from interventions often stratified over time, carried out by the owners of the time in the absence of formal authorization;
– partial discrepancies that could be remedied at the time the intervention was carried out, but cannot be remedied today, due to the so-called “double conformity” regulations.

The verandas in free construction

The text simplifies interventions on verandas in free construction. They are considered as such:

– removable panoramic windows (VePA) also for the porticoes inside the building;
– the works of protection from the sun and atmospheric agents whose main structure is composed of awnings, including pergolas, placed against or attached to the buildings, provided that they do not create permanently closed spaces and do not have an apparently disharmonious visual impact and bulk.

Change of intended use

The change of intended use of individual real estate units is also simplified, in compliance with sector regulations and municipal conditions.

Within the same functional category, the change of intended use will always be permitted. Among different functional categories, the change of intended use will be permitted limited to the residential, tourist accommodation, production and office, commercial categories, in any case, within the areas: historic center, consolidated residential, expanding residential.

Real estate units on the first floor above ground are excluded from the simplifications.

Silence assent

The current procedures are also overturned, with the introduction of silent consent: if the Administration does not respond within the expected timeframe, the citizen’s request is accepted. A measure justified by the need to streamline procedures for citizens, but also to decongest the municipal technical offices.

These are the maximum times:

– 45 days for amnesty permit;
– 30 days certified notification of start of activity (Scia)

For properties subject to landscape restrictions, a further 180 days are added.

Legitimate state of the property

To demonstrate the legitimate status of the property it will be sufficient to present the title that governed the last building intervention, even in the form of amnesty. The partial discrepancies that will be remedied will therefore contribute to demonstrating the legitimate status of a property.

The cost

The decree provides that in cases where it will be necessary to ask for a building permit or a Scia in amnesty the cost will range from 1,032 and 30,984 euros. A figure that varies based on an estimate of how much the value of the property has increased following the intervention to be repaired.

 
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