(Telestock) – What new features were introduced during the conversion phase? (law 24 July 2024 n. 105) of the so-called Save the House Decree (Legislative Decree 69/20024)? Among the numerous and significant changes introduced during the conversion, the following certainly stand out: simplification for attic recovery. The attic recovery interventions – highlights the Lawyer Claudio Vinci Cassation lawyer, Administrative lawyer – are however permitted, within the limits and according to the procedures established by regional law, even when the recovery intervention does not allow compliance with the minimum distances between buildings and from the borders.
Also noteworthy are the new habitability requirements of the properties. The internal height of the rooms can reach up to 2.40 meterswhile the minimum size of a studio flat cannot be less than 20 square meters for a single person and 28 square meters for two people, services included. It is however specified – explains Vinci – that the compliance with other health and hygiene requirements provided for by current legislation.
It is also worth mentioning the new procedure to regularize the variants carried out in partial non-compliance with building permits prior to Law no. 10/1977. In particular, with the new provision, it is expected that the interventions carried out as variants in progresscan be regularised, after consulting the competent administrations according to the sector legislation, by submitting a certified notification of commencement of business and the payment of a sanction. It is specified that the time of construction of the variants can be proven through: cadastral information; photographs; cartographic extracts; archive documents; other public or private documents. In cases where it is impossible to ascertain the time of construction of the variant through the aforementioned documentation, the technician in charge must certify the date of construction with his own declaration and under his own responsibility.
It is also worth mentioning the new features of the decree law, which were confirmed during the conversion with important corrections.
The conversion law, with reference to theexpansion of the interventions that can be carried out under the so-called free building regime has foreseen the insertion of the bioclimatic pergolas and the exclusion, instead, of removable panoramic glass windows (so-called VePA) on public porticos. Following the changes made, the following can therefore be carried out without any permit: the construction and installation of Removable and completely transparent panoramic windows (VePA) on balconies projecting from the body of the building or on loggias set back inside the building or on porticos, with the exception of those burdened, in whole or in part, by public use rights or located on the external fronts of the building facing public areas; works for protection from the sun and atmospheric agents whose main structure is made up of curtains, awnings, outdoor curtains, pergola curtainseven bioclimatic, with retractable awning, even waterproof, or with mobile or adjustable solar protection elements, and which is attached to or annexed to buildings or real estate units, even with fixed structures necessary to support and extend the work.
In order to comply with the new rules for demonstrate legitimate status of the properties, it can be done reference to the enabling title which approved the last building intervention carried out on the entire property or on the entire real estate unit, provided that the competent administration, at the time of issuing the same, verified the legitimacy of the previous titles. Well, at the time of conversion it was clarified that any discrepancies in the common parts of the building do not affect the legitimate status of the individual real estate units, just as the discrepancies in the individual real estate units do not affect the common parts of the building.
In order, instead, to facilitations for changes of intended useas is known, it’s always possiblewithin the same functional category, and between the residential, tourist-accommodation, production/management and commercial categories within properties located in the Zones A, B and C. The conversion law specifies that: changes of intended use are permitted both without works and with works; changes of use without works are considered those with free building activities.
Vinci judges then “definitely improvements” the changes made at the time of conversion into law, both from the perspective of simplification and clarity of the legislator.