Save the House Decree, what the provision says

What does the 2024 Save Home Decree say?

The process of converting the law into law has started on 16 July. Legislative Decree No. 69/2024 better known as the Save the House Decree, which provides for:

• requirements for obtaining the certificate of habitability and the certificate of usability;
• amnesties;
• changes in intended use;
• mini-apartments;
• timeframe for the removal of building violations.

All the new features introduced by the Salva Casa 2024 Decree – Getty Images

The decree brings with it many new features and further broadens the scope of the possibilities of amnesty in the construction sector.

Salva Casa Decree, new requirements needed for usability and habitability

With the advent of Legislative Decree 69/2024, there has been a notable softening of the circumstances and requirements necessary to obtain theusability and of thehabitability.

The most striking innovation is undoubtedly the one concerning the reduction of the dimensions of the house, both from the perimeter point of view and with regards to the minimum height of the premises.

In the past the certificate of usability certified the existence of the conditions of safety, hygiene, healthinessenergy saving of the property and its systems in accordance with current legislation.

As for instead the habitabilitythe latter was recognized for a building when it corresponded to certain parameters which guaranteed the suitability of its intended use, that is, residential purpose.

This is the case, for example, of the calculation of the air-light ratio of every room in the house.

The Save Home Decree and mini apartments

The latest version of the text of the Salva Casa Decree has given birth to a new shape God dwells: the so-called mini apartments (aka studio flats, a very common housing solution in large cities), so called because they are considered habitable, both by a single person and by a couple, on the basis of these (small) numbers:

• the minimum surface area limit, which was previously set at 28 square meters for one person, is now only 20 square meters;
• if the studio flat is occupied by two peoplethe previous limit of 38 m2 drops to 28;
• the minimum height, i.e. the distance between floor and ceiling, which until now was set at 2.70 metres, is now reduced to 2.40 meters.

What can be remedied with the 2024 Save Home Decree

The Save the House Decree allows for fix many small irregularities through the construction tolerance are interventions performed until 24 Maggio 2024:

• confirmed at 2% for surfaces larger than 500 square meters;
• increased to 3% for surfaces between 300 and 500 m2;
• 4% on surfaces falling within the 100 – 300 m2 range;
• 5% if the area is less than 100 m2.

Remedying small building violations with the Salva Casa 2024 Decree – Getty Images

As underlined, they always remain excluded the non-conformity substantial, that is, those that have influenced the structure and dimensions of the building.

The Salva Casa Decree also intervenes by causing the expiry of the double compliance thus allowing for condone works such as partitions, mezzanines, niches, windows or other openings.

Obtaining double compliance, in fact, created many problems for citizens, especially during the sale of properties, as it consisted of evaluating the rules in force at the time of the building abuse and comparing them with the current ones, and the path to reach a solution that would unblock the situation was always long and difficult.

Salva Casa Decree, what changes with changes in intended use

The latest version of the text, compared to what was previously indicated in the Salva Casa Decree, specifies that the change of use is permitted even in the absence of works.

Legislative Decree 69/2024 considers changes of intended use without works those that involve the execution of interventions in free construction: this is for coherence and continuity with the very definition of free construction, i.e. non-relevant building works that do not distort the structure of the property.

Particular focus on changes of use of properties located in first floors and basements: green light if such transition is permitted by regional legislation.

Condominium common areas in the Salva Casa 2024 Decree

In the new Save the House Decree, the non-conformity they building abuses which are of interest to the common parts of a condominium will no longer be able to constitute a valid reason for freezing the redevelopment works within a single housing unit of the building.

News Salva Casa Decree 2024 on irregularities in condominiums – Getty Images

Similarly, the irregularity resulting within a given apartment will not be able to block execution of the works in the common areas of the condominium.

The new text of the Salva Casa Decree states exactly the following:

For the purposes of demonstrating the legitimate status of individual real estate units, any discrepancies affecting the common parts of the building are irrelevant.
Similarly, for the purposes of demonstrating the legitimate status of the building, the discrepancies affecting the individual real estate units of the same are irrelevant.

It was also decided to intervene on the timing.

There is no longer an obligation to remove abuses construction within 90 days.
Now the local administration will be able to widen this range up to 240 days.