Restoring a house in Italy: how does it work? What’s the process?

What is the correct procedure to follow for restoring a house in Italy?

Let’s start by saying that I recommend you read this article even before you start looking for a property to buy.
Why?
When planning about restoring a house in Italy, it is precisely the bureaucracy that discourages and frightens foreign real estate investors, often in an unjustified manner.
As with all things, it is useful to start in advance and collect information before precluding the possibility of losing excellent opportunities.

Italy, as you know, is an intriguing mix of history, art and culture.
It is precisely for this reason that the real estate heritage with which it is endowed is very dated.
You have no idea how many real estate opportunities, located in unique geographical locations in the highest tourist attraction, are not taken into account by potential foreign buyers, who are afraid simply to “embark” on an endless adventure.
In this article, I will try to clarify what you need to know, to make you understand that you do not have to fear the Italian bureaucracy.

You simply have to understand it!

Do not worry: I will try to simplify the issue as much as possible, trying to clarify the difference between ordinary/extraordinary maintenance and restoration.
I will point out which interventions need a professional, what “CILA” and”SCIA” are and what a building permit is, the costs, time, tax deductions and procedures to be performed in order not to run into penalties or violations.

Consider this as a sort of handbook.

Read each paragraph carefully and, at the end, you will have a clear picture of the situation, and you will not be able to make a mistake.
Let’s start with the basics.

The “Bible” of building is the “Testo unico sull’Edilizia” (Consolidation Act on Building) DPR. 380/01 (referred as T.U.), through which, the State dictates the guidelines and general prescriptions of the sector.
It will then be the Region and the Municipality, through the urban planning tools (regional laws, municipal building regulations, etc..), to go into detail.
In this regard, I suggest you reading this article where I explain how Italy is politically divided.

To begin speaking about restoring a house in Italy, let’s start with the simplest building interventions, namely those falling under routine maintenance.
According to Art. 6 of the Consolidated Act on Construction (T.U.), routine maintenance includes “building interventions that concern the repair, restoration and replacement of building finishes or those necessary to integrate/maintain existing technological systems”.

These works are carried out without any qualification.

We are not to obliged communicate anything to anyone.
It should be noted that technological systems include heating, air conditioning, water and sanitation (drains, kitchen and bathroom water supply), air exchange, electrical, gas cooking and smoke extraction (chimney or fireplace).
Therefore, these works do not require any building permit:

• The demolition and reconstruction of floors, plasters, partitions, or even partitions themselves if they are demolished to be relocated exactly at the same point of the original;
• The replacement of internal doors and external fixtures (doors, windows and skylights);
• Painting of internal and external walls or ceilings: beware of buildings bound by the Superintendence of Architectural Heritage, for which a specific authorization is required (clearance), even in the case of restoration of paintings or plaster in relation to decorations and frescoes of historic buildings (in this article I’ll talk about any constraints to which a property may be subject to).
• The replacement of boilers or radiators, the replacement of fences, the installation of awnings (pay attention to condo regulations about façade decoration), the replacement or repair of chimneys, the replacement of sanitary fixtures, the repair of electrical, heating or gas systems;
• Installation or replacement of intercoms, video intercoms, antennas or cameras (see the best video surveillance systems), tents, railings, parapets, gates, fences, boundary walls, gutters, window sills, cornices, tiles.
• Repair and/or replacement of sewerage pipes without making any changes to the path or size of such pipes.
• Are also included interventions aimed at eliminating architectural barriers that do not involve the construction of external lifts, or artifacts that alter the shape of the building;

No building practice is required for:

• Works designed to meet objective temporary needs and to be immediately removed when the need ceases and, in any case, within a period not exceeding ninety days (e.g. scaffolding);
• Paving and finishing works for internal and external spaces (e.g. facade restoration, refurbishment and painting), also for rest areas, the creation of entirely underground and inaccessible cavities (dredgers) or water collection tanks;
•  Treatment of rusty reinforcement steel;
• The installation of solar panels, photovoltaic systems, at the service of buildings outside zone A (historic center);
• The installation of non-profit play areas (playgrounds) and the furnishing elements of the pertinent areas of the buildings;

Now let’s move on to the more substantial interventions, this time falling under extraordinary maintenance.

Restoring a house in Italy: what’s considered “extraordinary maintenance”!?

Extraordinary maintenance, also defined in art. 6 of the T.U., concerns the works and modifications necessary to renew and replace parts, including structural parts, of buildings, as well as to create and integrate sanitary and technological services, provided that they do not alter the overall volumetry of the buildings and do not involve changes in the intended use.

Therefore, in order to fall within the sphere of extraordinary maintenance, it is necessary to carry out more invasive interventions than ordinary ones without increasing the volume of the house or even transforming the intended use of the building, for example, transforming a house into a shop, or a private warehouse into an industrial warehouse.

These types of interventions require the issue of building permits by the municipality where the property you are renovating is located, which are called CILA and SCIA.

What is CILA?

CILA stands for  “Comunicazione Inizio Lavori Asseverata” (authenticated communication of the beginning of the modifications), and is a practice introduced in 2010 with Law 73.

PLEASE NOTE: Since it is just a communication, it does not require the approval of the Municipality. The works can be started immediately, or a starting date can be set.

It is presented by the owner, or by anyone holding a “right in rem”, at the competent municipality.
It can also be presented by the tenant who uses the property on the basis of a rental contract with the consent of the owner of the property (in this case we speak of “personal right” compatible with the intervention to be implemented).

Even a qualified professional (such as an architect, surveyor or engineer) can present the CILA, if delegated by one of the owners (IMPORTANT: all co-owners must agree to carry out an intervention).
The involvement of a qualified professional (“designer” or “sworn technician”) is however necessary for the compilation of the declarations and asseveration of his competence.

The technician, in fact, declares that the works carried through CILA comply with the regulations on the subject, and produces the graphic works (plans, sections, elevations, etc.).
So, when you see a property for sale to be renovated, it is useful to have a professional opinion, both to verify that all the documents of the existing property are in order (here is the correct procedure to avoid falling into traps) , and to verify the costs to perform works to improve the property itself.
For this reason, since we necessarily need the technician, he is generally the one who delivers the CILA in the Municipality.
CILA has no deadlines, therefore no extensions are required.

The works reported through CILA could be defined as “light” extraordinary maintenance.

Restoring a house in Italy: what are the works subject to CILA?

Among the interventions included in extraordinary maintenance we have:

• New connections or rebuilding of existing sewers with modifications of the path and / or existing features;
• The reorganization of the internal spaces, with the displacement of partitions and non-load-bearing partitions, the creation of plasterboard false ceilings (as they lower the height);
• Opening, closing or moving of doors and windows, the renovation of a private sewage system, the creation of an outdoor swimming pool, the installation of a flue pipe, etc;
• Splitting (division of a property unit into two or more) or merging of property units with the execution of works, even if involving the variation of the surfaces of the individual property units, as well as the town planning load (increase in infrastructure and collective works such as aqueducts, Enel electricity networks, gas), provided that the overall volume of the buildings is not changed and the original intended use is maintained.

Also in this case, the interested party submits the project and CILA to the Municipality through a technician who certifies, under his own responsibility, that the works comply with the town planning and building regulations in force, as well as that they are compatible with the regulations on seismic matters and on the energy performance of buildings, and that the structural parts of the building are not affected.

The CILA communication contains within it the identification data and the documents of the company to which it intends to entrust the execution of the works, or the words “Lavori in Economia” if it is the owner himself to carry out the work.

Therefore, before registering CILA, it is necessary to know in advance which company will carry out the works.

The renovation of the electrical, water, heating, air conditioning and air conditioning systems in an individual apartment, or in the entire building, is also included.
It should be noted that for new heating systems is mandatory to file the law n. 10 signed by a professional to ensure to comply energy saving policies, while for new electrical systems, gas and heating, must be drawn up a declaration of conformity by the installer.

Restoring a house in Italy: which works are subject to the SCIA and “Permesso di Costruire” (Building Permit)?

For all other works not mentioned above, the SCIA or Building Permit is required.
Simplifying and trying to generalize, SCIA (certified report of commencement of activity), replaces CILA, when the intervention concerns works on structural elements (load-bearing walls, beams, pillars, floors, etc..), which requires the project drawn up by an engineer and registered with the Civil Engineering (office where the structural calculations are deposited). I wrote an article on this specific topic.

Typical examples are the realization of a door or a window on a load-bearing wall, the realization of a floor, the rebuilding of the roof, the consolidation of foundations, pillars or beams, the drilling of an artesian well for water, etc..

SCIA, moreover, is used for changing the of destination of use.
Finally, the most “complex” practice, which requires the authorization to proceed by the City is the building permit.
It is used for new buildings, elevations, extensions or heavy renovation works.
If you have already carried out an intervention, not contrary to the rules or regulations, without communicating it to the municipality.. don’t worry!!! Or rather, “healing the abuse“, without increasing the volume, will result in a small sanction. But let’s see in detail:

What are the sanctions for failing to send the CILA or SCIA?

If you have not communicated the matter to the Municipality, you will not end up in jail. You’ll just pay a fine of 1,000 euros.

This abuse can be remedied by “Cila or Scia in emendation” also called “conformity assessment”.
After submitting the form and the attachments, you will have to wait for verification and approval by the Municipality, and the time depends on the employees.. and on the workload they have to dispose of.
It goes from one to six months of in case of large/”not prepared” urban centers.
That’s where you waste your time and you have to arm yourself with holy patience.

This penalty is reduced by two-thirds (€333) if the communication is made spontaneously when the intervention is in progress, through “Cila or Scia tardiva”.

For these reasons, I would advise you not to carry out operations without having asked for advice from a technician.

For increases in volume and area, if allowed, (it is necessary to check the town-planning or urban planning in which the building volumes on a given area are also indicated), the sanction will depend on the extent of the abuse, as it will be necessary to pay twice the costs (expenses paid to the municipality to carry out works and infrastructure at the service of your home, such as sewerage, lighting, parking, etc.. and which you are asked for account when creating a building).

In addition to the economic damage of the fine, the biggest issue would be in the case of buying and selling the property.
In this case, in fact, it is necessary to ensure the compliance with urban planning and construction of the property.
If there is an abuse, will not be possible to sell.

What is the Certification of Urban Conformity of a property?

I have written an article where I explain in detail what it is and how to get it. 
This is the case if untitled works are allowed by the municipal plans.
If you have made an increase in volume where it was not allowed, you must demolish the changes applied!
Finally, many readers asked me to integrate in he articlea an opinion about the convenience of a renovation, and the average costs for the various works. My advice is to read the following chapters, as I consider them very interesting.

What are the documents needed to start a procedure?

It is essential the written permission of all those who are the owners of the property (including any usufructuaries, co-owners, etc.).
You will have to delegate the professional to consult the old building practices in the municipal archive.
Finally, if you have a cadastral plan and the visure, you will facilitate the technician, who will have to produce the majority of the documentation.

What are the times and duration?

As for the timing of CILA, it depends very much on the drawing up of the file and the production of the drawings by the technician. In fact, since CILA is a communication to be made by the owner, which does not require approval, it is effective from the moment it is deposited.
The same applies to the SCIA.

A separate subject is the building permit, which requires the approval of the Municipality, so it can take several months.

Most of the time is lost because of the Municipality, as it is necessary to request a review of the deeds enabling to view any building permits, SCIA or CILA that have affected the property unit in the past.
This is to be able to compare them with the actual state of the property, in order to find any discrepancies (abuses).
The times range from 2 weeks to 2 months, depending on the municipality.
Unlike the SCIA and the building permit, the CILA does not have a duration and does not allow for the deposit of variants (changes to the initial design), either in progress or final.
In the event of changes to the first project, a new one must be submitted.

In addition, for some types of intervention, it is necessary to file the certificate of habitability and / or cadastral update (you must update the planimetry to the Land Registry as well as in the municipality, and the visure to communicate to the Revenue Agency the different annuity on which to calculate taxes).

Looking for a house to buy in Italy? Or have some questions regarding restoring a house in Italy?
Contact me for any kind of information, leave your comment, or write a detailed question here!

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