Mini-amnesty for construction in Anticipi's decree.

The proposal to modify DPR 380/01 came up with the idea of exempting certain possible minor violations prior to 1977. If this modification is finally adopted as a "Decreto Anticipi" law, it could lead to a kind of "automatic amnesty" for certain non-compliances, putting an end to other past construction violations. However, violations committed after January 30, 1977 are not included under this hypothesis.

What's the hindsight: the "mini-amnesty" earlier proposed by Minister Salvini? It all started with a statement by Matteo Salvini, Minister of Infrastructure and Transportation, at a conference: "There are several hundred thousand minor architectural, construction and urbanist violations,'''that clog up the technical services of municipalities all over half of Italy? But obviously this doesn't apply to amnesty for villas, houses, areas of seismic activity. If you build a house on the beach, I will send an excavator and demolish it." Salvini, through his statements, framed his intervention only for "non-substantial non-compliances," clarifying that "the proposed amnesty concerns minor violations, but not what has been illegally built in areas prone to hydrological destruction. "

Statistically, if this is the objective of "filling the treasury", according to the CGIA research office, "in the last 50 years, the amnesty policy in our country has allowed the treasury to collect a total of 148.1 billion euros. The fiscal amnesty of 2003 was''most "profitable" for the public treasury: in 6 years it was possible to "recover" 28 billion euros. This is followed by the 1991 amnesty, which brought in 10.4 billion until 1994, and the concordat/accounting amnesty introduced in 1995, which brought in 8.4 billion euros until 2000." Is this a hint of the "mini-amnesty" announced by Salvini a few weeks ago? "

The content of the amendment

The proposed amendment (if passed) would involve significant changes to the current definition of "legal state" in Article 9b, paragraph 1b of DPR 380/01, as well as additional paragraph 1t, which amended the following:

• a) Paragraph 1b is replaced by the following: "1б. The lawful condition of a site or property shall be determined by the authorizing''by the document which provided for its construction or in which it was legalized, and the most recent construction work affecting the entire facility or property, supplemented by the corresponding subsequent permits which authorized partial work. For facilities constructed prior to January 30, 1977, the legal condition is the same as the actual condition as determined by inspection or verification by designated municipal officials prior to the issuance of the permit. For facilities constructed during a period when a building permit was not required, or for facilities for which a permit was required but the municipal office failed to comply''verification of suitability, legal status shall be determined on the basis of cadastral data on the first registration'.
• b) After paragraph 1b, the following shall be added: "1т.

The construction amnesty law has not found a backlash even among the parties in power. In fact, some representatives of the Forza Italia party support the bill on''Urbanization regeneration, presented by Maurizio Gasparri in the Senate with On. Paroli. Tajani himself emphasizes how "important it is to emphasize urban regeneration" because "we can allow some adjustments for minor things done in violation of the law. We can solve some minor problems, but this must be included in the urban regeneration strategy, perhaps with the support of Europe". Thus, Tajani insists on applying "urban regeneration with a long-term strategic perspective to reduce CO2 emissions and regenerate devastated areas".

Not just building amnesties: an extension of the superbonus? The next Decree Anticipi is not only about amnesty in''construction, but also with the aim of restoring economic resources, Minister and Deputy Prime Minister Salvini has put forward a proposal for a new system of balances and write-offs, which provides that those with debts up to 30 thousand euros can deduct fines and interest from the amount due, thus helping economically distressed taxpayers to pay only the initial amount owed. Staying on the topic of real estate, the idea of extending the superbonus arises. Three amendments to the Anticipi Decree Conversion Act being considered by the Senate Budget Committee have been introduced. The proposals seek to allow condominiums with completed units to continue to enjoy the 110% or 90% superbonus until June 30, 2024. If''s amendment will not pass, the tax super bonus rate for condominiums will drop to 70% on January 1, 2024. The outcome of the proposals is not certain. The government has repeatedly emphasized its opposition to the extension.