It’s the talk of the town—from TV talk shows to the corridors of town halls and among those with building permits stalled for years: Has the new amnesty arrived? The short answer is: Yes and no. It is not a generalized amnesty like the historic ones (1985, 1994, 2003), but rather a profound reform that allows for the regularization of millions of small discrepancies that previously paralyzed the market.
Here are the key points to understand if your home can finally be brought "up to code" in 2026.
1. The End of "Double Compliance" for Minor Discrepancies
This is the true revolution of 2026. Previously, to fix a minor error, the work had to comply with the rules in place when it was built AND the rules of today. An almost impossible mission. Today, thanks to recent reforms (such as "Salva Casa"), for partial discrepancies, it is enough that the work meets:
-
The urban planning regulations from when it was built.
-
The technical standards (hygiene, safety, etc.) of today. This unlocks thousands of verandas, moved walls, and modified windows from decades ago.
2. Construction Tolerances: When an Error is Not a Violation
In 2026, the concept of the 5% tolerance is firmly established. If your house is slightly larger (up to 5% for smaller properties) than the original project, by law, it is not a violation. This applies to:
-
Heights, setbacks, and volumes.
-
Covered surfaces. A formal regularization (sanatoria) is no longer needed; a simple declaration by a technician during a sale or renovation is sufficient.
3. "Salva Case" and Internal Irregularities
Do you have a moved wall? An undeclared mezzanine? A bedroom converted from a storage closet? Current procedures allow for the regularization of these internal irregularities by paying a fine proportional to the increase in the property's value. This is a golden opportunity for those wanting to sell a home in Catania or Syracuse who find themselves with floor plans that do not match reality.
[Image showing a checklist of "Sanable" vs "Non-sanable" abuses under 2026 regulations]
4. What Absolutely CANNOT be Regularized
Despite the legislative openings, categorical "No's" remain. It is impossible to regularize:
-
Total constructions built without a license after 1967.
-
Violations in absolute non-buildable zones (e.g., the famous 150 meters from the sea or landslide-risk zones).
-
Properties that violate the rights of third parties (e.g., windows that look directly into a neighbor's house without respecting legal distances).
5. "Lawful State": The New ID Card for the Home
In 2026, the "Lawful State" (Stato Legittimo) has become mandatory for every deed of sale. The seller's word is no longer enough. Municipalities now cross-reference cadastral data with satellite surveys. Regularizing today through these "simplified amnesties" is no longer a choice but a necessity if you don't want to see your home's value plummet or your mortgage application rejected.
The Advice of Domus Sicilia Immobiliare
Many owners are waiting for a "grand amnesty" that likely will never arrive in the form they hope for. However, the current 2026 regulations offer a rare window of opportunity to fix small and medium discrepancies with certain costs and faster procedures.
Does your home have a "bureaucratic original sin"? Don't wait for the law to change again or for an inspection to occur. Our technicians can perform a complete due diligence to determine if your case falls under the new simplifications.
Add comment
Comments