Building amnesty: the 1985, 1994 and 2003 laws
On this page
What a building amnesty is, in plain termsWhat it means for an application to be "unfinished"How to check before you buyWhat happens if you buy with an open amnestyThe auction caseHow long it takes and who paysIn practiceFrequently asked questionsSourcesAn unfinished amnesty does not give you the certainty you are looking for. Until the application is concluded and the Comune has issued the permit, the property is not recorded as regularised. Before buying you need to know what stage that application is at, not just that it exists.
What a building amnesty is, in plain terms
A building amnesty (condono edilizio) is an extraordinary regularisation (sanatoria straordinaria): a law that, under certain conditions, allows you to regularise unauthorised building works (abuso edilizio) that have already been carried out. You submit an application to the Comune and pay the sums due. It is extraordinary because it does not cover every abuse, only those the law specifies, within the deadlines the law itself sets.
Your title refers to three laws: 1985, 1994 and 2003. Each has a different scope, deadlines and procedures. The 1985 amnesty is not the 2003 one.
Here you will not find the dates, the amounts or the categories of abuse admitted by each law. They differ from one another, and you will find the exact figures in the text of the law or in the Comune's notice.
What it means for an application to be "unfinished"
An amnesty application can be at different stages:
- the application has been submitted but not yet examined;
- the review (istruttoria) is in progress, with requests for documents or additional information;
- the sums due (known as oblazione, that is, the payment made for the amnesty) have not been paid in full;
- the Comune has not yet issued the final measure.
In all these cases the unauthorised works are not recorded as regularised. A buyer ends up with a property that, on paper, is not yet compliant.
How to check before you buy
To establish the real status of the application you can follow these steps:
- ask the seller for a copy of the amnesty application and proof that it was submitted;
- ask the Comune for the status of the application, with a request for access to records (see how to request access to records at the Comune);
- compare the property with the floor plan and with the appraisal report (perizia), because differences may indicate parts that were not covered by the amnesty;
- ask in writing which sums are still due and who is responsible for them.
If you discover that the property has discrepancies, read how to tell an abuse apart from a permitted construction tolerance and what abuso edilizio means.
What happens if you buy with an open amnesty
The law requires that the sale deed state the building permit (titolo edilizio) of the property. The Testo unico dell'edilizia states that an inter vivos deed without this reference is void (art. 46, para. 1, DPR 380/2001). For this reason the notary checks the permits before signing.
An amnesty still open is not a concluded permit. Ask the notary how they intend to handle the application in the deed and what guarantees you can obtain. For the general picture, read abuso edilizio e vendita: il notaio può rogitare?.
The auction case
In court-ordered sales the appraisal report must state whether there are abuses and how much it would cost to regularise them (art. 173-bis disp. att. c.p.c.). If the abuse can be regularised, the successful bidder (aggiudicatario) submits the regularisation application within 120 days of notification of the transfer decree (art. 46, para. 5, DPR 380/2001). If it cannot be regularised, they must remove it at their own expense.
This also applies to a property with an unfinished amnesty. Before making an offer, read the appraisal report carefully. You can start with how to read an auction appraisal report section by section.
How long it takes and who pays
Timings depend on the Comune and on the application, so I cannot give you figures. The buyer may have to pay sums still owed to the Comune. Write into the contract who pays them and by when, otherwise the bill ends up on your side without you noticing.
In practice
- Ask the seller for a copy of the amnesty application and proof of submission.
- Ask the Comune what stage the application is at, with a request for access to records.
- Compare the property with the floor plan and the appraisal report, and flag any differences.
- Get it in writing which sums remain to be paid and who will pay them.
- Ask the notary to verify that the building permits are stated in the deed.
Frequently asked questions
Is an unfinished 1985 amnesty valid?
Until the application is concluded, the property is not recorded as regularised. Whether it is valid or not depends on the stage of the application and the law applied, things that are checked at the Comune.
Can I buy a property with an unfinished amnesty?
Yes, but you need to know what you are buying. Factor in costs and timings, and have the contract state who handles the application and the sums still due.
Does the Salva casa decree solve my case?
The Salva casa decree of 2024 introduced new rules for discrepancies (see what changes for buyers). It says nothing specific about your amnesty. For your particular case, ask the Comune and a trusted technical expert.
Sources
In the same chapter
- Unauthorised building works (abuso edilizio): what they are and how to spot themUnauthorised building works (abuso edilizio) means building or altering a property without the required permit, or in a way different from what was authorised. Here is how they are discovered and what you risk if you buy.
- Unauthorised building works: when they become time-barred and what a buyer risksUnauthorised building works do not become legal over the years. If you buy, the risk is inheriting them: here is what to check in the appraisal report and at the Comune.
General information, not legal or tax advice: the law and the notice of sale prevail.
