Green light from the CDM for the “save home” decree, slight discrepancies tolerated. Salvini applauds, the opposition criticizes


By John

Green light in the Council of Ministers for the so-called 'save home' decree. Tolerance is growing towards building defects considered to be minor, which in some cases hinder real estate sales or delay their timing. The deputy prime minister and minister of infrastructure says he is satisfied Matteo Salvini, promoter of the initiative, who insisted on launching it before the European elections, after a discussion with the government allies which was not without points of divergence. The opposition, on the other hand, speaks of a disguised “amnesty”, Avs with Angelo Bonelli denounces how the law “desertifies historic centres”, further pushing the transformation of homes into holiday homes.
No violations, therefore, for works carried out by 24 May 2024 with failure to respect height, separations, volume, covered surfaces, compared to what is foreseen in the housing title depending on the size of the homes. The tolerance is a maximum of 2% for useful surfaces greater than 500 m2, rising to 5% for houses of less than 100 m2. The tolerances can be certified by a qualified technician.
The executive tolerances include: smaller dimensions of the building; failure to implement non-structural architectural elements; executive irregularities of walls; different locations of internal openings; design errors corrected on site. In short, more room for maneuver on partitions, windows, differences between cadastral plans and works actually carried out.
Changes of intended use also become easier. Within the same functional category, change will always be allowed. Among different categories, it will be admitted limited to tourist-accommodation, productive, commercial use, in historic centers and in consolidated or expanding residential areas.
Outdoor awnings placed against buildings are now considered a free building intervention, as long as they do not create permanently closed spaces. There is also a 'moratorium' on dehors created during the Covid emergency for “health, welfare and educational” purposes and kept in operation. The territorially competent Municipality remains entitled to request its removal at any time, with a reasoned provision.
The MIT speaks of a provision that aims to “free the apartments held hostage by a rigid and fragmented regulation that hinders their marketability and sometimes precludes access to mortgages, grants and contributions”.
Salvini declares himself “very satisfied” with an “intervention that will enter the homes of millions of Italians in a positive way. It is a common sense decree that regularizes small discrepancies”, The deputy prime minister underlines: “For the public administration we are starting a liberal revolution, we are moving from silence-rejection to silence-assent. Municipalities are freed from avalanches of paperwork, estimated at 4 million. There are interventions on small irregularities that concern everyday life: curtains, windows, steps. There are manufacturing tolerances between 2 and 5% depending on the surface. There is a simplification of the change of intended use. It is not an amnesty on the outside.”
The new rule on silent consent. If the municipal administration does not respond within 45 days for amnesty permits and within 30 days for reporting the start of activity, the request will be considered accepted.
In the text approved in the Council of Ministers, however, there is no so-called 'Save-Milan' rule intended for some building renovations in the Lombardy capital – including a series of skyscrapers – which has attracted the interest of the Prosecutor's Office. Salvini's idea, already shared with the mayor Giuseppe Salais to intervene during the conversion of the text in Parliament.
«We are faced with a very ambiguous provision that can lead to real abuses. An apparently small decree which however can be a vehicle for very harmful amnesty operations”, urges Pierfrancesco Majorino, head of Housing Rights in the PD secretariat.

Mangialavori: “The home-saving decree is a fixed point”

«The decree approved today in the Council of Ministers puts a firm point on the sacrosanct right of citizens to be able to remedy those small discrepancies that have prevented, until today, a regularization which in fact blocked, in many cases, even the sale of properties. An important provision to protect an asset such as the home, which Forza Italia has always placed at the top of the interests of Italians.” Thus, in a note, the president of the Chamber Budget Commission, Giuseppe Mangialavori. “The limits set by the government – adds Mangialavori – will allow for an orderly regulation of all those cases of small discrepancies. Therefore, no amnesty or legitimization of illegal practices, but necessary and fair corrective measures that respond to the needs of millions of citizens”.