Illegal Verandas and Regularization: Everything You Need to Know
In recent years, the issue of illegal verandas has gained importance, particularly following the introduction of the "Decreto Salva Casa" (Law Decree 69/2024). This decree aims to encourage the regularization of minor building irregularities, including the possibility of legalizing a veranda constructed without proper permits. However, it's essential to understand the process and the associated risks, both criminal and administrative, when building an illegal veranda.
What is Considered an Illegal Veranda?
An illegal veranda is a closed structure, usually made of glass or other materials, added to a building without the necessary permits, altering the building’s volume. Verandas can be constructed on balconies, terraces, or open spaces, but they must comply with specific building regulations. Not all verandas require authorization, and their classification depends on their type and installation method:
- Verandas requiring permits: Permanent structures that alter the volume of the building. These must comply with the Consolidated Building Code (DPR 380/2001) and require specific permits.
- Verandas without permits: Also known as VEPA (Verandas with Movable Components), these are removable or mobile structures that do not alter the building's volume and, as such, do not require permits (as per Law Decree 115/2022).
The problem arises when a veranda is built without a permit, which is classified as building abuse, resulting in serious legal and administrative consequences.
Criminal and Administrative Risks of Building an Illegal Veranda
Building an illegal veranda can lead to criminal consequences and administrative fines. According to Article 44 of the Consolidated Building Code, those responsible for the construction may face:
- Fines up to €10,329for violating building regulations.
- Imprisonment for up to two years and fines up to €51,645 for construction without permits or in restricted areas.
- Demolition orders for the unauthorized veranda if the irregularities are not regularized.
In addition, there is no administrative statute of limitations for building violations: demolition orders or fines can be issued at any time, even years after the structure is built.
How and When Can an Illegal Veranda Be Regularized?
Although criminal statutes of limitation exist for building abuse (4-5 years from the violation), there is no administrative limitation for fines or demolition orders. However, periodic legislative initiatives allow for the regularizationof minor building abuses through specific building amnesties.
The "Decreto Salva Casa", introduced in May 2024, offers new opportunities for homeowners to regularize illegal verandas by paying a fine proportional to the structure's size:
- 5% for areas up to 100 sqm.
- 4% for areas between 100 and 300 sqm.
- 3% for areas between 300 and 500 sqm.
- 2% for areas over 500 sqm.
These percentages represent the portion of illegal space that can be regularized. In essence, the decree provides tolerance for minor discrepancies, making the process of regularization less complex and costly.
Regularization Process: Costs and Procedures
To start the regularization process, a formal application must be submitted to the local authorities, along with a technical report prepared by a certified professional (architect, engineer, surveyor). This report must confirm that the veranda complies with current building and safety regulations.
The cost of regularization varies depending on several factors, such as:
- Size of the veranda: Larger verandas incur higher costs.
- Added value to the property: A veranda that increases the value of the property could lead to higher regularization costs.
Fines under the Decreto Salva Casa range from €1,032 to €30,984 , depending on the severity of the violation and additional requirements from local authorities, such as adherence to safety standards or the removal of architectural barriers.
Conclusion
Regularizing an illegal veranda is a complex yet essential step to protect the value of your property and avoid criminal or administrative penalties. With the Decreto Salva Casa, homeowners now have a simpler path to regularization, ensuring legal compliance and avoiding costly future problems.
If you’ve constructed a veranda without the necessary permits or are considering building one, it’s crucial to consult a qualified professional. This way, you can be sure that you’re adhering to all relevant regulations and avoiding expensive future issues.
