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Simplified building and zoning to rectify minor irregularities

With the approval of the so-called House Decree, an attempt was finally made to put some hitherto problematic building regulations in order.
Decree 69/2024, approved by the Council of Ministers on 24/5 and published in the Official Gazette on 29/5, partially amends the Consolidated Building Act Presidential Decree 380/2001, which is still the point of reference for building regulations. Interestingly, within this text ve inserted a new article, 36/bis, which eliminates the required requirement of double conformity to sanction interventions that are only partially dissimilar.

What’s new in the Decree

The most significant changes concern the possibility of regularizing some situations that were considered noncompliant. In particular, we talk about gradually raising from 2 percent to 5 percent some deformity tolerances related to ceiling heights and surfaces. This criterion is calculated inversely to the area of the work especially to unlock the situation of small housing units.

Another significant change is the one concerning the possibility for public administrations to settle irregularities as well, which will also allow municipalities to regularize their own discrepancies.

Amendments to the Consolidated Building Code

This new Dl Casa amends several articles of the Consolidated Act, from Art. 6 on free building activities in Art. 9.bis on the documentation of the lawful status of real estate, from Art. 23-ter on change of use to Art. 31 on work done without a permit or for other work done in partial non-conformity.

In general, however, for more specific commentary on the individual measures, we would like to wait for the conversion of this decree into law because several changes urged by many parties are still likely to be made.

The purpose of the Decree

However, the general rationale behind the decree will remain to facilitate the granting of habitability even to properties that could not obtain it today by lowering the requirements on minimum floor areas or heights.

Special attention will be paid to the housing situation in Milan, which today creates hardship for many families who are unable to rectify their situation.