the "Salva Casa" Decree
The "Salva Casa" Decree, recently transformed into law with the conversion of the "Urgent Provisions on Urban and Building Simplification" into Law No. 105 of July 24, 2024, introduces a series of innovative and significant measures in the Italian legal landscape, aiming to streamline and enhance efficiency in building and urban planning processes. This decree represents a major step forward for the real estate sector, addressing key issues such as the amnesty for minor building irregularities and the approval of mini-apartments, marking a significant change for those operating or investing in this field.
Legal Context and Importance of the Decree The conversion of the "Salva Casa" Decree into law comes after a complex parliamentary process during which substantial modifications were made to the initial text. The new legislation has attracted attention not only from industry professionals but also from institutions, including the National Association of Italian Municipalities (ANCI), which has delved into and clarified the numerous new provisions introduced.
Key Innovations Introduced One of the most significant modifications is the extension of the new procedure for conformity assessment in amnesty to include essential variations. This change represents a major deviation from the previous "double conformity" requirement, which demanded that the building be in conformity both at the time of construction and at the time of the amnesty. Now, with the new law, a wider range of irregularities can be regularized, greatly simplifying the process for property owners and those looking to carry out renovations or building adjustments.
Moreover, the decree allows for the regularization of variations made before the enactment of the Bucalossi Law (Law No. 10/77), which had introduced stricter regulations in the building sector. This provision enables the resolution of longstanding issues that, despite existing for many years, had not yet found a legal solution.
Another crucial aspect concerns the elimination of the provision that always considered partial irregularities on protected properties as essential variations. This change provides greater flexibility in managing historic buildings or those subject to particular restrictions, allowing for interventions that previously would have been deemed inadmissible.
Attic Recovery and Other Simplifications The decree also introduces the possibility of facilitating attic recovery, provided that more favorable regional regulations are adhered to. This provision addresses the need to make better use of often underutilized or unused living spaces, promoting renovation projects that can improve energy efficiency and optimize the use of interior spaces.
Additionally, the new law allows for the compliance of spaces with reduced surfaces and heights, a significant opening that could increase the value and usability of living spaces in particularly dense urban areas, where every square meter matters.
Greater Flexibility in Building Requirements Another innovation introduced by the law is the application of a 2% tolerance even to the minimum measures concerning distances and health-hygiene requirements. Although this change may seem minor, it actually has a significant impact, allowing for greater flexibility in the design and construction of buildings, especially in contexts where space is limited and every centimeter counts.
The legislation also abolishes the requirement for the authorized technician to verify the existence of possible third-party rights limitations and to proceed with their elimination. This further streamlines the authorization processes, reducing the time and costs for those looking to build or renovate.
Changes of Use and Opportunities for the Real Estate Sector The decree also facilitates changes of use on individual housing units, allowing them even without works, while specifying what is meant by "without works." This modification is particularly relevant in an era where the demand for real estate is rapidly changing, with growing interest in smaller, efficient, and flexible homes.
Finally, the law provides for further levels of simplification if specified by the Regions, thus acknowledging Italy's territorial diversity and the need to adapt regulations to local specificities.
Conclusions The "Salva Casa" Decree stands out as a comprehensive reform introducing significant changes aimed at simplifying and making building and urban planning regulations in Italy more flexible. These modifications not only meet the needs of those operating in the sector but also represent an opportunity to revive the real estate market, promoting the recovery and enhancement of existing building assets. In an economic context where innovation and sustainability are increasingly central, the decree offers concrete tools to address the new challenges facing the sector.
