If 1967 was the turning point for Italian urban planning, 2024 will be remembered as the year of "simplification." The new Salva Casa Decree (converted into Law 105/2024) is finally a reality, bringing with it fundamental changes to unlock thousands of properties held up by minor irregularities.
But what exactly is it about? Here are the key points explained in simple terms.
1. New Tolerance Thresholds: Goodbye to the Fixed 2% Limit
Until recently, any deviation exceeding 2% from the original project was considered a violation to be regularized. With the "Salva Casa," construction tolerances (for works completed by May 24, 2024) become proportional to the size of the house:
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6% for properties under 60 sqm;
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5% for properties between 60 and 100 sqm;
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4% for properties between 100 and 300 sqm;
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3% for properties between 300 and 500 sqm;
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2% for properties over 500 sqm. In practice, the smaller the apartment, the greater the tolerated margin of error between the project and reality.
2. "Independent" Legitimate Status
This is a revolution for those living in condominiums. Previously, if there was a violation in the common areas (e.g., in the entrance hall or on the facade), the "legitimate status" of the individual apartment could be called into question, blocking sales or renovations. This is no longer the case: discrepancies in common areas do not prejudice the regularity of the individual home, and vice versa.
3. Micro-habitability: Lower Ceilings and Smaller Homes
To address the housing crisis and encourage the recovery of small spaces, minimum habitability requirements have been made more flexible:
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Minimum Height: dropped from 2.70 m to 2.40 m.
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Studio Apartment Minimum Surface: dropped from 28 sqm to 20 sqm (for one person) and from 38 sqm to 28 sqm (for two people).
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Condition: Optimal ventilation and lighting conditions must still be guaranteed.
4. Goodbye to "Double Compliance" (for partial non-conformities)
In the past, to regularize an error, one had to prove that the work complied with both today's rules and those at the time of construction—often an insurmountable obstacle. Now, for partial discrepancies, "asymmetric compliance" is sufficient: the intervention must respect current urban planning regulations and the building requirements in effect at the time it was carried out.
5. Free Construction: Glass Panels (VePA) and Pergola Awnings
The list of works that do not require any permit has been expanded:
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Removable Panoramic Glass Panels (VePA): can now be freely installed on porches and loggias as well.
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Awnings and Pergola Awnings: officially considered free construction, provided they do not create a permanently enclosed space that increases the volume.
Why are these innovations important?
The "Salva Casa" is not a "free-for-all," but a tool to regularize formal situations that often made properties unsellable or ineligible for mortgages. For sellers, it means being able to put a "clean" property on the market; for buyers, it means having greater guarantees from the bank for mortgage approval.
However, every case must be analyzed by an expert technician: regularization still requires a SCIA or a permit in amnesty and the payment of a fine proportional to the increase in the property's value.
If you have doubts about the regularity of your home or want to know if you can benefit from the new tolerances to enhance your property, we are at your disposal for a dedicated consultation.
Domus Sicilia Immobiliare
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