Decreto "Salva Casa"

The Legislative Decree of 29 May 2024, n. 69 (published in the Official Gazette no. 124) introduces “Urgent provisions regarding building and urban planning simplification“, called of Save Home Decree, makes significant changes to the Consolidated Construction Law (Presidential Decree no. 380/2001), with theobjective of solving construction and urban planning problems in response to the growing housing need. The decree focuses on amnesties for “minor” building abuses, avoiding amnesty for major structural abuses.

The measures aim to simplify building regulations, reduce bureaucratic barriers, incentivize the redevelopment of existing building stock and stimulate the real estate market. The measure also aims to resolve local administrative problems and promote a sustainable future.

During the conversion phase, the decree will undergo further changes to include additional rules aimed at simplifying construction activity.

The implications in the condominium sector

The recent changes introduced by the "Home saving plan" decree have significant implications for condominium management, as they broaden the categories of free building interventions.

Among the new predictions also include awnings and removable panoramic windows called Vepa. These innovations, however, encounter a limit: must be carried out without compromising the architectural decorum of the condominium buildings.

The new provisions are part of article 6 of Presidential Decree 380/2001, which regulates the different categories of interventions that can be carried out in free construction, i.e. those that can be carried out without the need for a qualification. 

These include: 

• ordinary maintenance interventions; 
• installation of air-to-air heat pumps with nominal useful thermal power lower than 12 kW; 
• interventions aimed at eliminating architectural barriers that do not involve the construction of external lifts or structures that alter the shape of the building; 
• interventions relating to flooring 
• installation of solar and photovoltaic panels for buildings located in non-historical or artistic areas.

In particular, Vepas are indeed glass windows, which must be totally transparent, so as not to cause a visually relevant effect, e completely removable, so as not to permanently alter the structural appearance of the building.

So, they must have temporary functions, without any increase in volume, nor change of intended use. Vepas are designed to improve acoustic and energy performance and reduce heat loss.

With the modification made to point b-bis of article 6 of the Consolidated Building Code, these windows can be installed not only on loggias, but also on porticoes. 

It is important to note that Vepas: 

• they must not transform the spaces into permanently closed areas (this would lead to a change in volumes and surfaces);
• they must allow natural micro-aeration; 
• present technical-constructive characteristics and an aesthetic profile such as to minimize the visual impact and apparent bulk;
• they must not modify the pre-existing architectural lines.

With the conversion into law of the Aiuti bis decree (Legislative Decree 115/2022), panoramic windows had already been explicitly included among the free building interventions. Now, this provision is further extended to allow their creation also on porches, expanding the opportunities for owners to improve the comfort and energy efficiency of their homes, always respecting the architectural decoration of the buildings.

“Free” awnings

Also in point b-ter of article 6 of the Consolidated Building Act, a new category of free building interventions is introduced, concerning the sun protection works. 

This category includes a wide range of solutions, such as: 

• curtains, awnings, outdoor awnings; 
• pergola awnings with retractable canvas, also waterproof; 
• pergola awnings with movable or adjustable sun protection elements. 

These structures can be attached to or attached to buildings or real estate units, including the fixed structures necessary for their support and extension.

Article 6-ter specifies that, in any case, these tents: 

• they must not create permanently closed spaces, which would lead to a change in volumes and surfaces;
• the structures must also have technical-constructive characteristics; 
• they must have an aesthetic profile such as to minimize the visual impact; 
• must preserve the architectural decoration of the building.

In practice, with this new regulatory change, condominiums will be able to install solar protection more simply and quickly, without the need for complex authorizations, promoting the improvement of living comfort and energy efficiency, always respecting the pre-existing architectural lines and the overall decoration of the buildings.