Decreto Salva Casa 2024: all the new Italian standards that come into force
With the publication in the Official Gazette of the law of conversion of the so-called Decreto Salva Casa 2024 (Decree “Save House” 2024) become official a series of provisions on simplification of construction and urban planning, was made by the Italian government. We talk about so-called “tolerances“, which the “Salva Casa” has chosen to strengthen, at least in relation to the construction work carried out by May 24, 2024.
Simplification of construction and urban planning in the 2024 Salva Casa decree
More specifically, the decree introduces new and higher tolerances for threshold percentages of deviation between declared and built, so as to reduce the risk of incurring irregularities. In other cases, tolerance is even independent of the extent of the deviation.
The main innovations range from the introduction of exceptions to the minimum height of interiors and surfaces related to one-room and two-room apartments, to the new construction tolerance of 6% for apartments with a surface area of less than 60 square meters. Among other main aspects, the new procedure is used to regularize the interventions carried out as variants in partial discrepancy from the title issued before the entry into force of the so-called Bucalossi law (L. 10/1977). And again, the passing of the previous request for double compliance, even in cases of essential variations.
But let’s see the main news.
Construction tolerances: new requirements for the accommodation and renovation of attics
In the decree Salva Casa, just become law, are established new housing requirements of buildings. So-called construction tolerances, such as the internal height of rooms that can reach up to 2.40 meters. The minimum size of a studio apartment, on the other hand, will not be less than 20 square meters for a single person and 28 square meters for two people, including services. The obligation to comply with other health and hygiene requirements laid down by current legislation remains.
The aspect concerning the attic, on the other hand, maintains the possibility of restoration interventions, always within the limits and according to the procedures provided by regional law, even when the restoration intervention does not allow the minimum distances between buildings and borders (new paragraph 1-quater of article 2-bis of the Building Code).
Tolerance for irregularities that are not construction violations
In addition to the construction tolerances, the Salvage decree also introduces new “executive” tolerances always regulated by art. 34-bis, but to the paragraph 2. In particular it is evidenced as a whole series of irregularities do not constitute building violations.
Any examples? Minor alterations to the finishes and the different placement of installations and internal works, provided that the building or urban regulations are not violated and that the usability of the property is not precluded. The execution irregularities of external and internal walls and the different location of the internal openings.
As in the case of doors and windows placed in different positions from those above and for which no sanatoria is necessary, regardless of how they are different in percentage, provided that the interventions date back to before 24 May 2024.
New process to regularize variants in partial non-conformity
According to the new process to regularize the variants made in partial differences compared to building permits prior to law n. 10/1977 (new article 34-ter of the Single Construction Act), the interventions carried out as variants in progress, even if they do not fall within the tolerances provided for in Article 34a, they may be regularised, after consulting the competent authorities according to the sector legislation.
The activity must be carried out by submitting a certified report of commencement of activity and payment of a penalty (determined pursuant to article 36-bis, paragraph 5).
The time of implementation of the variants can be proved through: cadastral information; photographic recordings; cartographic extracts; archival documents; other public or private acts.
The decree law also provides that partial defects, realized during the execution of the works subject to an authorization certificate, ascertained at the result of inspection or inspection by officials responsible for carrying out construction conformity checks, for which the certificate of habitability or fitness in the forms prescribed by law has been issued, are subject to the regulation of construction tolerances referred to in Article 34-bis.
Stop double compliance for partial mismatches
Finally, we recall the stop to double compliance, limited to partial deviations from the building permit or certified start of activity (Segnalazione certificata di inizio attività – SCIA) as well as for the hypothesis of absence or deviation from SCIA (new article 36-bis of the Single Construction Act).
The avoidance of double compliance is also extended to essential variations. Under the new provision, in cases of partial non-conformity or essential variation, the person responsible for the abuse or the current owner of the property can obtain permission to build and submit the certified report of start activity in sanatoria if the intervention is found to comply with the urban regulations in force at the time of submission of demand.
