Building regularisation (sanatoria edilizia): how it works
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What exactly can be regularised?The basic rule: double conformityThe Salva casa decree: what has changed since 2024The step that decides everything: the legitimate stateExample with numbersWhy it matters for buyers tooWhat happens if regularisation cannot be doneIn practiceFrequently asked questionsSourcesBuilding regularisation (sanatoria edilizia) is the procedure through which the Comune (municipality) regularises unauthorised building work (abuso), that is a construction or alteration carried out without the required permit, but only if the work complies with planning rules. If it complies, you pay the penalty and the property becomes regular. If it does not comply, regularisation cannot be done and the problem remains.
What exactly can be regularised?
Regularisation applies to work carried out without a permit or without the required notification. Unauthorised building work (abuso edilizio) can be a closed veranda, a mezzanine floor, a canopy or an unauthorised change of use. To understand what falls under unauthorised building work, read abuso edilizio: cos'è e come si scopre.
Not every difference between plan and reality is unauthorised building work. Small deviations within the limits of the law are construction tolerances. You can find them explained in tolleranze costruttive: cosa non è abuso.
The basic rule: double conformity
Ordinary regularisation is based on a principle called double conformity (doppia conformità). The work must comply with the planning and building rules in force both at the time it was carried out and at the time you submit the application.
If the work was illegal then and is still illegal today, it cannot be regularised. If it was legal then but a new rule now prohibits it, it cannot be regularised either. The concept is explained better in doppia conformità: cosa significa.
In practice: before thinking about money, check that the work complies with today's rules. Ask your technician whether the height, the distances from the boundaries and the surface area comply with the current urban plan.
The Salva casa decree: what has changed since 2024
Since 2024 the Salva casa decree (decreto-legge 69/2024, converted into law 105/2024, in force from 30 May 2024) has added article 36-bis to the Testo unico edilizia (Building Code). This article concerns partial non-conformities (parziali difformità) and essential variations (variazioni essenziali). It allows some irregularities that were previously excluded to be regularised, provided certain conditions are met.
The main difference is this: conformity is assessed on the rules in force at the time of the application and on those in force at the time of the unauthorised work, subject to certain conditions. Payment is made through an oblazione (a fixed sum set by law or by the Comune). You can find the exact amount of the oblazione in the law or by asking the Comune.
If you want to understand what changes for those buying a home with irregularities, read decreto Salva casa: cosa cambia per chi compra.
The step that decides everything: the legitimate state
The legitimate state of the property (stato legittimo dell'immobile) is the situation shown by the building permits filed with the Comune. To know whether a property is in order, you must compare the actual state with the legitimate state. The concept is explained in stato legittimo dell'immobile: cos'è.
To see the documents you can request access to records (accesso agli atti). I explain how in detail in accesso agli atti in Comune: come si fa.
Example with numbers
Let us take an invented case. A family closed a balcony, creating a 12 square metre veranda in 2015, without a permit. In 2025 they want to sell.
Step 1: the technician checks that the veranda complies with today's planning rules and those of 2015. If the 2015 plan prohibited it, double conformity does not exist and regularisation cannot be done.
Step 2: if the veranda complies, the procedure costs the penalty set by the Comune plus technical fees. The technician gives you an estimate.
Step 3: after approval, the building permit is regular and the property can be sold without the risk of nullity.
If the veranda does not comply, regularisation is excluded. In that case you must consider removal or look for another solution with the technician. For the specific case of the veranda, read veranda abusiva: si può sanare?.
Why it matters for buyers too
If you buy a home with an unregularised unauthorised work, you run a serious risk. The notary cannot execute a deed (rogito) without reference to the building permit, and the deed can be void if the required details are missing. To understand how the notary behaves, read abuso edilizio e vendita: il notaio può rogitare?.
In court-ordered sales the rules are different: the successful bidder (aggiudicatario) may submit the regularisation application within a precise deadline from notification of the transfer decree (decreto di trasferimento). The exact deadline and conditions are in the sale notice (avviso di vendita) and in the appraisal report (perizia).
What happens if regularisation cannot be done
If the work cannot be regularised, the Comune may order demolition or reduction to original state (riduzione in pristino), that is restoring the original condition. The costs remain the responsibility of whoever owns the property, so also of whoever buys it. The appraiser (perito) must quantify these costs in the appraisal report.
A concrete risk: if you do not know this beforehand, you will pay for the demolition later. Always ask for a technical assessment before you make an offer.
In practice
- Ask the Comune or the technician whether the property has building permits filed and which ones they are.
- Compare the cadastral floor plan with the actual state of the home: differences are the first warning sign.
- Check double conformity with a technician before paying any sum.
- Ask for a complete estimate: penalty, oblazione, technical fees and timescales.
- If you are buying at auction, check in the appraisal report whether the unauthorised work can be regularised and how much it costs.
Frequently asked questions
Can I regularise unauthorised work if I did not carry it out?
Yes, as a rule regularisation concerns the property, and therefore whoever owns it. Whoever buys inherits the unauthorised work and its possible regularisation. For auction sales, what is written in the sale notice and the appraisal report applies.
How long does regularisation take?
Timescales depend on the Comune and on the complexity of the application. There is no guaranteed figure: ask the Comune for an estimate and check what is stated in the sale notice.
Does regularisation entitle me to a mortgage?
Not automatically. Banks require planning and cadastral compliance. A regularised application helps, but the bank decides according to its own rules.
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.
- Building amnesty: the 1985, 1994 and 2003 lawsAn unfinished building amnesty from 1985, 1994 or 2003 does not make the property safe: here is what to check at the Comune before you buy.
General information, not legal or tax advice: the law and the notice of sale prevail.
