Wednesday 17 April 2024

automatic translation

Wednesday 17 April 2024

automatic translation

    Panoramic windows among the free building works with the Aid Decree bis

    Il Aid Decree bis, definitively approved by the Senate, it became law. This standard introduces an important novelty in the field of construction, modifying and simplifying the authorization regime of the Vepa, the removable panoramic windows.

    The regulatory change

    Basically, starting from 22 September 2022, the interventions for the placement of removable and totally transparent panoramic windows will be achievable without any qualifying title and without any communication to the municipal territorial body.
    The decree tried to clarify a rather confused landscape, where the authorization methods, as stated by Daniele Predari, president of the transformers section of Assovetro, "were left in the limbo of local interpretations: in some municipalities they were allowed, in others they were considered volume increases ".

    What are the Vepa?

    Removable panoramic windows are generally made with glass panels transparent, without the presence of fixtures, sliding or made in a "package", book or accordion style, so that they can be folded.
    These interventions can relate balconies projecting from the body of the building o log falling inside the building.

    How to re-enter free building works?

    The decree dictated specific requirements so that the installation of panoramic windows can be part of free construction. They must not be configured in terms of building costs and must not result in works that, due to their importance or type, require a building permit, with the relative legal and economic regime. The concept of removability, already present in the acronym 'Vepa', and that of transparency.  

    Technical requirements

    More specifically, the simplification rule is reserved for the installation of panoramic glazing which:

    • we are removable and transparent;
    • are aimed at carrying out temporary functions of protection from atmospheric agents, improvement of acoustic and energy performances, reduction of thermal dispersions and partial waterproofing of rainwater.
    • Do not set up permanently closed spaces with consequent variation of surfaces that can generate new volumes or lead to a change in the intended use of the property.
    • They favor a natural micro-aeration that facilitates the circulation of a constant flow of ventilation, guaranteeing the healthiness of these rooms.
    • They have technical-constructive and aesthetic characteristics such as to reduce the visual impact and the apparent bulk to a minimum.

    New interpretative doubts

    However, the reformulation of the rule entails new uncertainties to be resolved, relating, in particular, to the absence of an unquestionable definition regarding the the 'precarious' nature of the works.
    However, we remind you that, according to jurisprudence, the precariousness of an artifact must not be deduced from the easy removal of the work, but from the fact that the construction is assigned a function quota and not prolonged over time. Therefore, the evaluation is determined not by a structural criterion, but by a functional criterion.

    It is now essential that legislators receive a precise indication of the necessary requirements for an installation of panoramic windows to be included in the category of free construction works.

    Sources: altalex.com, ilsole24ore.com

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