Building Amnesty: What is it?
A building amnesty is an administrative measure that allows for the rectification of situations in which the actual state of a property does not conform to the design state, as per the relevant building permits filed with the relevant municipality.
This measure is implemented through a CILA (certified Notice of Commencement of Work) or a SCIA (certified Notice of Commencement of Activity) issued by a qualified technician on behalf of the owner of the property to be regularized.
How can non-conformities be identified?
Non-conformities are, in effect, criminal offenses, and it is possible that such violations are “inherited” because they already exist and are therefore often overlooked, given that a typical client lacks the tools to recognize them. So, how can they be identified?
Simply retrieve the latest plan filed with the municipality where the property is located and verify (possibly with the assistance of a building practices specialist) that the drawing actually corresponds to the facts. Every property owner should have a certified copy of all planning documents relating to their property. If this is not the case, a request for access to the documents can be submitted.
It is not uncommon to find discrepancies, such as a kitchen located where a living room should be, or a bathroom with dimensions different from those in the plans, or doors or windows walled up and reopened in different positions.
Please note that whether a discrepancy in a simple door or a larger discrepancy (such as an increase in the volume of an entire condominium) is considered illegal and therefore subject to regularization!
Furthermore, a non-compliant property (in addition to constituting an illegal act) constitutes an impediment to obtaining, for example, bank financing (a mortgage) for the purchase of that same property.
That said, it’s also fair to say that the presence of non-compliance is very common in the Italian construction landscape; in fact, the opposite is almost rarer: recently filed projects shouldn’t present this type of problem, but it is very common on projects filed in the past.
So, don’t panic! In this article, we’ll try to clarify your doubts and explain how to resolve the problem.
Building Amnesty: How to Effectively Amnesty?
Basically, amnesty means converting the violation into a financial penalty.
Anyone carrying out work without the required permits must pay a fine to their municipality equal to double the construction fee. And, in addition to paying the required fine, to obtain amnesty, it is necessary to demonstrate that the construction work completed has achieved dual compliance.
Therefore, in addition to the current urban planning and building regulations in effect at the time, they must also comply with the regulations in effect at the time the amnesty is requested.
In short, amnesty could be defined as a concession granted retrospectively.
It should be noted, however, that building violations can vary in nature and severity; they are not always the result of carelessness or unfortunate inheritance. Therefore, it should be noted that all possible penalties, from minor to more serious cases, are outlined in the Consolidated Law on Buildings, Presidential Decree 380/01.
The Principle of Double Compliance in Building Amnesty
The principle of double compliance stipulates that in order to rectify a project carried out in violation of a building permit, it must simultaneously comply with the urban planning and building regulations in force both at the time of the violation and at the time the application for assessment is submitted.
This double compliance is what allows the rectification of a structure built, for example, without a permit, but which, at the same time, requires the demolition of the parts that cannot be rectified because they do not comply with current regulations.
Building Amnesty
A building amnesty is a measure through which citizens can obtain the cancellation of certain fines resulting from the commission of an unlawful act. Its duration is limited, as it has a start and end date for its application. Currently, there is no existing form of amnesty, but several have been implemented in the past:
The first building amnesty, Law 47/1985;
the second building amnesty, Law 724/1994, which specified three criteria for remediation: time, progress of the work, and the size of the illegal structure;
the last building amnesty, with reference to Law 326/2003.
The purpose of the building amnesty is to remediate certain constructions that violate urban planning regulations, i.e., illegal building. From time to time, it is the legislator who determines which types of illegal construction can be considered and therefore be regularized, for example, construction of larger volumes, rather than buildings constructed on undeveloped land, and so on.
Applying for a Building Amnesty requires following a lengthy bureaucratic process: each municipality usually has a building amnesty office that can provide all the information regarding deadlines, required documents, and the forms required to submit the application. In addition to the required documentation, it involves fixed costs divided between additional costs and administrative fees.
There is therefore a substantial difference between a Building Amnesty and a Building Amnesty, which we will address in the next section.
Difference between a Building Amnesty and a Building Amnesty
A regularization is often confused with a building amnesty, so before continuing, let’s clarify this point.
We have understood what a building amnesty consists of and we know that it can be requested, obviously following all the required procedures, if necessary.
The situation is different for amnesty, which is entirely exceptional.
In Italy, it has been provided for by law only three times: in 1985 with Law No. 47, in 1994 with Law No. 724, and most recently in 2003 with Law No. 326. The latter allowed for the rectification of illegal building practices committed by March 31, 2003, and to qualify, the application had to be submitted by March 31, 2004.
It’s best not to count on it (hoping for a future amnesty), because there’s no certainty about it. It’s also well known that the frequent use of amnesty laws by politicians has had the effect of encouraging illegal building. Therefore, it’s best not to count on an upcoming building amnesty.
Therefore, the difference between amnesty and amnesty is substantial. A work can be remedied if the violation falls within the scope of the law. However, amnesty is based precisely on the assumption that the work cannot be remedied without the demolition of the illegal portion.
The most reliable measure today remains the amnesty.
Urban Planning
If we find ourselves having to carry out an amnesty, the urban planning aspect must also be considered.
In fact, the procedure is aimed at legitimizing a construction, in whole or in part, provided that the conditions for its compliance with urban planning instruments exist.
Liability for Unauthorized Construction
The Consolidated Law on Construction, Presidential Decree 380/01, clarifies that liability for unlawful acts falls jointly on the client, the builder, and the construction manager.
But this does not mean that, if you have inherited an unauthorized construction, you are exempt from possible demolition orders.
At the same time, if you find yourself with an inherited violation and fail to address the non-compliance, you will bear the same liability as the person who actually committed the violation.
Real estate agents and notaries are not liable. Therefore, during a sale, the buyer is responsible for verifying the conformity of the property by consulting a consultant who will verify its condition.
How to Request a Building Amnesty
To request amnesty for illegal construction, you must submit the application to the competent municipal office within 90 days of the discovery of the violation (the deadline for the administrative penalty).
Generally, the application, or notification of an offense, is drafted by a competent expert, be it an architect or surveyor.
After submission, the municipal office manager must issue a decision on the application within 60 days; within this deadline, he or she must communicate whether the amnesty application is deemed accepted or rejected.
Building Amnesty Costs
The administrative penalty for an amnesty, which does not involve subdivisions, changes in intended use, or increases in volume, is:
€333 – notification of work in progress with a late CILA;
€333 – notification of work in progress with a late SCIA;
€1,000 – CILA deposit upon completion of the work;
€1,000 – SCIA deposit upon completion of the work.
In the event of subdivisions, changes in intended use, or increases in volume, double the construction fee that would have been due if notification had been given prior to the work. The professional’s fee must be added to this amount. Therefore, the cost of a building amnesty will be the sum of the fine and the professional’s fee.
From an economic standpoint, no one would be interested in spending a few thousand euros on a municipal amnesty, but today, the regularity of a property becomes mandatory to access the tax deductions provided for by Law No. 34 of May 19, 2020, the so-called Relaunch Decree.