Buying a property in Italy? Read the complete Purchase Process.

Understanding the process of buying property in Italy through an italian real estate agency.

An overview of information about buying property in Italy through an italian real estate agency. Read more.

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Restoring a Property in Italy: Do you Need a Building Permit?

Posted by on in Restoration works in Italy

Do you need building permission to restore a house in italy?
The answer is no, you just need a SCIA.

What is a SCIA?

The SCIA (Certified Start of Activity Report) is a documented communication arranged through your local municipal office declaring that it is possible to carry out demolition, restoration or expansion works on buildings. This order, contained in articles 22 and 23 of the Testo unico delle disposizioni legislative e regolamentari in materia edilizia, has recently added two important adjustments that have significantly changed its features: the cd. decreto Scia 1 (d.lgs. n. 126/2016) and the cd. decreto Scia 2 (d.lgs. n. 222/2016).

  1. Actions for which the SCIA request should be made
  2. Other interventions achievable with a SCIA
  3. Protected property
  4. Presentation of the report
  5. Absence of the contracted conditions
  6. Final inspection
  7. Criminal penalties
  8. Other operations that can be carried out by means of SCIA
  9. Reporting details of building works subject to a building permit

Actions for which the SCIA request should be made:

In detail, the works that require a SCIA are the following:

  • Extraordinary maintenance works concerning the structural parts of the building(1).

  • Restoration and conservation works concerning the structural parts of the building.

  • Building renovation works that involve changes in the overall volume of buildings or elevations or changes in the shape of buildings subject to constraints.

Other interventions achievable with a SCIA:

The SCIA also makes other works feasible such as variations to building permits that do not affect urban planning parameters and volumes, that do not change the intended use and building category, that do not alter the shape of the building and that do not violate any provisions contained in the building permit.

Finally, the limits of the application of the Certified Start of Activity Report can be extended or reduced by law through the regions with special statutes.

Protected property:

It should however be specified that buildings subjected to either historical, artistic, landscape, environmental or hydro-geological protection can be subjected to all the aforementioned interventions only if the opinions or authorizations required by the reference regulatory provisions have also been issued.

Presentation of the report:

The SCIA must be presented with a notice of thirty days with respect to the actual start date of the works, by the owner of the property or by someone entitled to do so, such as a surveyor, an architect or an engineer.

The SCIA must be presented at the municipality office where the property being worked on is located. The SCIA must be accompanied by a detailed report signed by a qualified engineer and with the appropriate plans. Including conformity of works to be carried out with the approved urban planning tools and with respect to and including certified health and safety standards(2).

Finally, the SCIA must indicate the prospective construction company(3) chosen to conduct works. The SCIA is valid for three years, for any uncompleted works a request for an extension will be required. The municpiality office must be made aware of the date of completion of works.

Absence of the contracted conditions:

If the municipal office finds that one or more of the conditions established for the contract are lacking, he is obliged to inform the judicial authority and the council of the membership order, or if there has been a false attestation by a qualified professional. Then the SCIA can be resubmitted with the necessary modifications and additions.

Final inspection:

Once the works has been completed, a final inspection certificate, issued by the engineer / designer or by a qualified technician, must be presented certifying that the work carried out complies with the project that was presented with the SCIA. At the same time the receipt of the presentation of the cadastral variation or the declaration that the work has not led to changes to the classification must also be presented.

Criminal penalties:

Failure to comply with the SCIA's provisions implies for the person responsible the imposition of specific administrative sanctions and in some cases even penalties. Fines can be administered should the building works carried out be considered disimilar or not related to the issued permit or if works do not comply with building regulations and legislative provisions, ref article 44.

Other operations that can be carried out by means of SCIA:

The SCIA also makes other works feasible, that is to say variations to building permits that do not affect urban planning parameters and volumes, which do not change the intended use and building category, which do not alter the shape of the building, possibly subject to constraints and that do not violate any provisions contained in the building permit. Furthermore, variations to building permits that do not constitute an essential variation are achievable by means of SCIA (and communicated at the end of works with certification by the professional), provided that they conform to the urban-building regulations and are implemented after the acquisition of any documents of approval prescribed by the law on the landscape, hydrogeological, environmental, protection of historical, artistic and archaeological heritage and other sector regulations.

Reporting details of building works subject to a building permit before starting:

  • New construction works.

  • Re-structuring / recovery / urban reconstruction works.

  • Renovation / reclaim / building reconstruction works that involve a radical transformation of the building or otherwise involving significant changes in the number of building units, internal volumes, geometries and design drawings (elevations, floor plans or surfaces) or still for particular areas, that involve variations in the intended use of or they involve modifications of the shapes of buildings subject to constraints as per legislative decree 22nd January 2004, n. 42 and subsequent amendments.

* Notes:

  1. Creation of new bathrooms, renovation of balconies and windows, demolition of partition walls, renovation of fronts, renovation of outside and roofs, general maintenance work.

  2. The responsible technician and the building company must guarantee the disposal of waste deriving from construction works according to the regulations in force.

  3. The company must be duly registered with the Chamber of Commerce, have all workers duly recruited and be compliant with safety regulations and payment of taxes.

Tagged in: Restoration