With reservations and adjustments, the Salva Casa becomes applicable also in Sardinia. From the moment of publication in the Buras, the law approved by the Regional Council on June 12 will be effective, which provides for the "Reorganization and coordination of regional building and urban planning regulations with urgent provisions on urban planning and building simplification pursuant to Legislative Decree number 69 of May 29, 2024, converted, with amendments, into Law number 105 of July 24, 2024". A "selective" implementation. On the one hand, the new national regulation on habitability and change of intended use of buildings remains outside the island scope and the one on minimum heights is partly borrowed. On the other hand, the rules for controlling urban planning and building activity (Regional Law 23/1985) are being intervened to make them more homogeneous with the simplifications introduced by the Salva Casa.
Areas of intervention
The Salva Casa provides for the possibility of "remedying" three types of non-conformities, with different degrees of irregularity. The first: formal non-conformities, which derive from uncertainties in the interpretation of the current legislation with respect to the demonstration of the legitimate status of the property. Then there are the internal building non-conformities (the construction tolerances accepted within certain parameters, see next page) which made it difficult to prove the legitimate status. And finally, partial non-conformities and essential variations are considered, previously not remediable due to the rigid discipline of double conformity, which has now become simplified for this category. In general, it is necessary to keep a date in mind: May 24, 2025. In the case of construction and executive tolerances, all non-conforming works carried out within that deadline can be regularized. For major non-conformities, Sardinian law introduces percentage differences in the classification of the irregularity, based on the era.
Double compliance
One of the great innovations of the Salva Casa is the modification of the discipline of double conformity. To regularize interventions carried out in partial non-compliance and essential variations with respect to the titles deposited in the Municipality, it is no longer necessary to comply with the urban planning and building regulations both at the time of construction and at the time of submission of the application. Now it is possible to obtain the building permit and present the certified notification of commencement of activity (Scia) in regularization if the intervention is found to comply with the urban planning regulations in force at the time of submission of the application and with the building regulations in force at the time of construction of the intervention. The Sardinian implementation law has introduced new parameters for defining the type of irregularity. It is confirmed that an essential variation occurs when there are "changes in the intended use that imply a variation in the urban planning standards". But also when significant increases in volume or surface area are detected with respect to the approved project. In Sardinia, an essential variation is now an “increase of more than 20% of the cubic capacity or covered surface area, for buildings existing on 24 May 2024 only, and 10%, in all other cases”. The same category applies if there is a reduction of more than 20% for buildings existing on 24 May 2024 - and 10% in all other cases - of the distance from other buildings; from the boundaries of the lot and from roads. Partial non-conformities, on the other hand, “mean variations that do not reach the limits” foreseen for essential variations. Which however have a ceiling, beyond which one enters into “total non-conformity”, which occurs when the limits indicated in the project are exceeded by 30% (works up to 24 May 2024) and 20%, in all other cases. The time of construction is proven by documentation certifying the legitimate status (first installation cadastral information or other documents such as photographs, cartographic extracts, archive documents, or other public or private deed). If this is impossible, the technician in charge certifies the construction date with his own declaration and under his own responsibility. The building permit is issued by the One-Stop Building Desk. The office may make the issuing of the provision conditional on the implementation of the interventions necessary to ensure compliance with safety requirements.
Accessibility and heights
Sardinian law has not accepted the new requirements for the habitability of studio apartments. While the national law grants it to properties with a minimum extension of 20 square meters, with a tolerance of 2%, Sardinian law does not allow it to go below 28 square meters. On the front of the minimum heights of habitable spaces, however, the Regional Council has decided on 2.40 meters for buildings built up to May 24, 2024, while for subsequent ones it goes up to 2.70 meters. While the national law provides for 2.40 meters in any case.
The sanctions
The new system also introduces the "taxation of abuse", with changes to the penalties to be paid for the completion of regularization. For the release of the building permit or the Scia in sanatoria, the fine is diversified depending on whether the work carried out has double compliance or not. For partial non-compliance with the building permit or essential variations, an amount equal to double the construction fee is required or, in the case of free of charge according to the law, an amount equal to the construction fee, increased by 20% (not due in the case of double compliance). In the case of absence of the Scia or partial non-compliance, the amount is equal to double the increase in the market value of the property, in an amount not less than 1,032 euros and not more than 10,328 euros. Or in an amount not less than 516 euros and not more than 5,164 euros if the work complies with double compliance. If the law indicates minimums and maximums, for practical application the competent offices must adhere to ministerial guidelines, evaluating the individual specific case.
Enrico Fresu
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