For the first time the building amnesty costs nothing and the abusive is also rewarded

by Emanuele Montini *

Almost twenty years after the last amnesty, the new majority Pd-Lega-M5s-Forza Italia-Leu, approved the new building amnesty. The new amnesty, provided for by law decree n. 77 of 2021 to article 33, and expanded upon conversion, covers the civil and administrative aspects of building abuses.

The procedure applies to unauthorized residential buildings built before 1967 but can also be applied, without time limits, to illegal extensions to residential buildings that were originally legitimate or legitimized. The procedure is simple enough: the technician will only have to declare that the entire building was built before 1967 or that the original building illegally extended had a permission to build and submit a communication (Cila) to the Municipality specifying that you want to use the 110% Superbonus. When the renovation of the building is completed, he will deposit the map with the Land Registry, including the illegal part and that’s it. From that moment the building abuse will be freely salable on the market, while it is currently prohibited.

That this is the intention of the legislator and the Government was clarified when, around 2 am on July 20, the Environment and Constitutional Affairs Commissions of the Chamber of Deputies examined and rejected the amendment to the text proposed by the opposition (Alternative exists, amendment 33.260 Forciniti and others), with the following wording: “the possibility of stacking the parts of the building subject to building abuses remaining in any case excluded”.

Therefore, the illegal works that may be subject to amnesty through the Superbonus will be, apart from the entire illegal buildings declared existing before 1967, also single works among the most varied such as new windows, closures of balconies and verandas, extra floors or rooms and changes to the structural parts of the building. In the latter case, the majority also approved an amendment, in the same session of 20 July night, with which he ruled out the need to have, through Scia (Certified notification of start of activity), the certificate of viability of the premises. Therefore they can move or delete load-bearing walls and columns, without any professional technician assevering that the property remains in a state of safety and static stability.

To this hallucinating picture is added the fact that, probably for the first time in the world, the building amnesty not only it costs nothing, but the abusive even comes awarded for having done so with the payment of 110% of the Superbonus, paid directly by the State.

It is hoped that the Government and Parliament will come to their senses and think again the necessary corrective measures to this rule, already under examination by the Chamber of Deputies from 22 July, as it represents a real building amnesty financed by the State.

* Lawyer and Head of the Italian Legislative Office Our ONLUS

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