Sometimes we don't realize we've committed it, other times we inherit it, other times we underestimate it.
But when does a work constitute building abuse?
A OfBuilding compliance is a criminal offence, which consists in creating a building intervention without building permit (licence, concession depending on the construction period), without authorization or communication to the Municipality.
It does not matter whether an illegal condominium or a small bathroom has been built, it is still a crime.
There are tools provided by the law that allow these works to be regularised: The I forgive construction and the amnesty building.
The terms "I forgive" And "amnesty” are, however, often used as synonyms to indicate the administrative procedure aimed at eliminating building abuse.
However, these terms identify different situations, both in terms of assumptions and purposes. It is therefore appropriate to analyze them separately.
BUILDING AMENDMENT
The building amnesty presupposes a building abuse and allows for the regularization of a building intervention that could not have been carried out because the qualification was missing and i works were contrary to current legislation.
For these reasons, The building amnesty can be requested within certain time limits and only in the presence of a special law that regulates it.
It is, of course, a procedure which is onerous: the cost for the amnesty of a building varies from 60 to 150 euros per square meter (also based on the type of abuse), to which all costs ancillary to the practice must be added, such as professionals' fees.
The latest building amnesties issued with the laws of 1985, 1994 and 2003 are (already) history. In reality, in recent months there has been much discussion about the possibility of passing a new law regarding building amnesty for 2024.
Any measures envisaged therein they should lead to an automatic "amnesty" of some extremely specific abuses (made before January 30, 1977). However, all those buildings built in areas classified as at hydrogeological risk would remain excluded.
In any case, the use of the conditional is a must: it is a measure that is still (only) under discussion.
BUILDING AMANATORY
The term building amnesty identifies, however, the administrative act with which the modifications made to a property in the absence of the relevant authorization are regularised.
Grimaldi Padua
Padua - 35137 - Via G. Matteotti, 27
e-mail: padovacentro@grimaldifranchising.it
Tel. +39 49 663 033 - VAT number 05301660287
Grimaldi Cadoneghe
Cadoneghe (PD) - 35010 - Via G. Franco, 2/A
e-mail: cadoneghe@grimaldifranchising.it
tel. +39 049 88 736 56 - VAT number 05322440289