The Save-home decree comes into force and so too do the requests to the Municipalities to obtain the amnesty. For tolerances it will not be necessary but for conformity assessment procedures, necessary to regularize the discrepancies, yes. Citizens will therefore be able to initiate requests, in the knowledge that in the parliamentary process of the legislative decree there could be some further widening of the mesh. The provision published in the Official Journal is now being examined by parliamentary commissions, where Matteo Salvini has already announced changes. When forwarding the request to the Municipalities, the introduction of the 'silence agreed' mechanism must also be taken into account: if the administration – plausibly overloaded with questions – does not respond within the established deadlines, the request is considered accepted. The terms are 45 days if the permit is in amnesty; 30 days in case of certified notification of start of activity (Scia); finally 180 days if those involved are properties subject to landscape restrictions. Below is a sheet with the new features introduced by the legislative decree:
Verandas and free construction
The removable panoramic windows (the so-called Vepa) can be built without municipal authorization or without notification of the start of activity, even for the porticoes within the building. 'The works of protection from the sun and atmospheric agents whose main structure is made up of awnings, including pergolas, attached to or attached to buildings are also free, provided that they do not create permanently closed spaces.
Walls and construction tolerances
For interventions carried out by May 24th, new tolerance limits are envisaged, which remain 2% for a surface greater than 500 square metres, but go to 3% for a surface between 300 and 500 square metres, to 4% between 100 and 300 square meters and 5% under 100 square meters.
Internal walls and executive tolerances
By executive tolerance we mean geometric irregularities, minor changes to the finishes of buildings, the different placement of systems and internal works. Also for interventions carried out by May 24th, the smaller size of the building is now included; the failure to implement non-structural architectural elements; executive irregularities of external and internal walls; the different location of the internal openings, the different execution of works falling within the notion of ordinary maintenance.
Conformity assessment
Until now, the conformity assessment could only be requested when “double conformity” was demonstrated. That is, the work had to comply with the building and urban planning regulations in force both at the time of construction and at the time of submission of the application. The home-saving decree simplifies the legislation, requiring double compliance only in the most serious cases.
Legitimate state of the property
The home-saver reduces the administrative burdens for citizens: to demonstrate the legitimate status it will be sufficient to present the title that regulated 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.
Easier to change the intended use
Within the same functional category, the change of intended use will always be permitted. Among different categories it will from now on be admitted among the residential, tourist-accommodation, production and office, commercial categories, and in any case, within the historic center areas, consolidated residential, expanding residential. Property units on the first floor above ground are excluded.
Changes coming
One of the objectives already indicated by Salvini is to modify the habitability requirements, from the height of the ceilings to the minimum surface area. A law is also awaited in Parliament to resolve the case of the skyscrapers in Milan, blocked by the judiciary because they were deemed illegal. There is already a convergence between Action on the topic.