How to Get A Building Donated to Your Nonprofit
In recent times we often hear about building abuse and the possibility of sanatoriums. We find out if you can get a building donation for an abusive edifice and what is the fundamental difference between the two.
As far as the sanatoriums is concerned, it is possible to request it at any time, since it is an administrative measure that the urban legislation normally permits. On the contrary, the building is a special law.
In the last thirty years, the legislation of our country has created three different types of housing for an abusive building:
-The condonate governed by law number 47 of 1985
-The condonate governed by law number 724 of 1994
-The condonate governed by Decree Law Number 269 of 2003, converted into law number 326 of 2003.
The latter was allowed to heal the abuses that were made by 31 March 2003: The last limit to be able to submit the application was on 31 March 2004.
Keep in mind that, getting a building donation for an abusive edifice today is no longer possible. Currently the only means you can use is a sanatoriums building.
What is a sanatoriums building?
Until the special law on the building permit for an abusive edifice will not come into effect, you can resort to a sanatoriums building, as already mentioned.
For those of you who are wondering what is a sanatoriums building, I immediately remove any doubt.
The precise name is actually “allowed to build in sanatoriums”, and in the past we also used the expression “building concession in sanatoriums”.
Sanatoriums Edilizia is a permit, governed by the assessment of the conformity of the single text of the building, which you can request for all the interventions carried out in a different manner by the permission granted to you.
This rule also includes those interventions carried out in the absence of this permit, but which comply with the legislation.
The necessary prerequisite is the compliance, both in construction and town planning, of the permit, both at the time of the building abuse and at the time of the request of a sanatoriums building.
How a sanatoriums construction works
Knowing how a sanatoriums building works is very important if you are thinking of asking.
Assume, for example, that you have obtained a permit for a new construction but that, at the time of construction, you have applied changes; For example, you have expanded the volume at the disposal of some cubic meters.
If you decide to sell this building in a few years, you will be obliged to ensure that it is conformed to the urban plan and, therefore, to request a sanatoriums.
It is advisable to request a sanatoriums construction for an abusive building especially because, the real estate agency that will make the sale of your property, will carry out a real estate valuation and the size of your building would not be consistent with the construction project.
In addition, you should know that you can obtain a sanatoriums construction for an abusive building only if, in the municipality where the building is located, the entry into force of a regulatory plan that permits the granting of building sanatoriums for volume increases has been approved.
What is the building block for an abusive edifice?
Let’s go back now to explain what it is and if you can get a building pardon for an abusive edifice.
As already mentioned, the housing for an abusive building is a special law that gave you the opportunity to ask, and to obtain, the annulment of a criminal offense.
This cancellation could be done in a partial or total way.
Through a gift, in short, you had the opportunity to heal multiple interventions that, usually, the legislation in force does not allow. Among these, you could find the possibility to create a house in an area used for agricultural use.
To obtain a gift it was necessary to pay a certain sum of money, in favor of the state, which was to be paid to the municipal administration of the reference territory.
In the past, the tool of the building permit for an abusive edifice, was used in periods of strong economic crisis for the state: this allowed to increase and raise the public finances.
How it worked and how much it costed a building pardon for an abusive edifice
Now we understand how it worked to require a building donation for an abusive edifice. Until 2004, you could request a building permit only after you have requested, and obtained, a sanatoriums building.
Once the request for a building permit was accepted for an abusive edifice, a certain amount of money had to be matched, due to the fact that interventions were carried out without authorization.
The pecuniary sanction in question, was established twice as much as the construction fee, which was to be paid to the municipality according to the norm. If a payment amount was not possible, a minimum quota of €516 was foreseen.
The law 724/94 housing for an abusive building
It may be useful to know the law No. 724 of 1994, which, in article 39, identifies the “easy definition of building violations”.
In this article, the provisions of Law no 47 of 28 February 1985 are reiterated; The law of the previous building.
Here, the legislation stated that these provisions only applied to abusive works which were concluded by 31 December 1993 and, with an extension of less than 30% of the original construction volume; or less than 750 m³ regardless of the starting volume.
The application for authorization in sanatoriums, or concession, was to be submitted, with proof of the payment of the oblation, to the municipality of competence, within 60 days from the date of entry into force of the law.
Urban conformation of a building
Finally, in order to be even more precise, I will explain to you what is meant by urban and construction compliance of a building property. Such compliance is necessary for construction and sale operations.
In fact, each building must be made in accordance with the building law and legitimized by a project deposited to the common reference.
Knowing the urban and building compliance can be used in case of a mortgage, or in case of transfer, bearing in mind that, in this case, the responsibility for urban compliance is in the hands of the seller and not to the notary.
In order to be sheltered from any unforeseen, and not to meet inconveniences, I advise you to request the drafting of a declaration of conformity to a qualified technician, a surveyor could be of assistance.
It will not be possible to grant the urban conformity of a building in the event that it has been created in a different way than the jointly deposited project.
Reopening of the terms of the housing for an abusive building
For the moment, no reopening of the terms of the building block for an abusive edifice is envisaged; The only way at your disposal remains that of a sanatoriums building.
Also, you need to know that, can be healed, too, those interventions for which we would need a certified signal of beginning activity (the so-called wake) or a communication of commencement of work (the so-called Cila).
It will be possible to remedy these actions, after the commencement of the work, if they have been concluded without the communication being submitted or to work still underway.
The law allows you to present a trail or a Cila delayed, provided that a certain amount is paid; That is to say a pecuniary sanction. You will have to pay this penalty both if the work has already been concluded that, if they are still in place.
With the law 164/14, the penalties have increased, to a significant extent:
-For the Cila in sanatoriums is required the payment of 1000 euro; While before the increase was €258;
-For the Cila in the course of work, which is reduced by a third party, the payment of 333.33 euro is required; While before the increase was €86.
-In the course of opera The fine is €516, but the sanction can increase according to the type of intervention in the case of a sanatoriums.
Please note: Each region has the right to increase such sanctions at its own discretion.
That’s all you need to know about how to get a building donation for an abusive edifice. Although, for now, you can not make this request, it is always better to stay prepared.