Information about the newly announced amnesty related to construction activities on rustic lands, which are not designated as urban areas.
This significant legal change provides an opportunity for property owners to legalize structures built on rustic lands under specific conditions. The law outlines several key requirements and guidelines which are crucial for understanding the scope and implications of this amnesty.
- Timeframe for Action: Property owners interested in legalizing their structures must initiate the process within the next three years. This limited window is designed to prompt immediate action and ensure that all legalizations are processed in a timely manner.
- Criteria Based on Location:The conditions for legalization vary significantly based on the nature of the land where the structure is located:
- Protected Natural Areas: For constructions in protected natural areas, the structures must have been erected prior to 1991 to qualify for legalization under this new law.
- Other Rustic Lands: In other rustic zones, the key factor is that the construction must not be subject to demolition by local council actions. Typically, this implies that no action has been taken by the authorities to demolish the structure, and the legal right to enforce such actions has expired—usually after about eight years.
- Non-applicability in Urban Areas: It is critical to note that this amnesty does not apply to constructions in urban zones. Legalization efforts under this specific law are strictly confined to rustic areas.
- Fee Structure:A specific fee structure has been established for the legalization process:
- Valuation and Fees: Property owners must pay a fee to the town council, which is based on the theoretical value of the structures to be legalized, as calculated by an architect. This fee increases progressively: 10% in the first year, 12.5% in the second year, and 15% in the third year. Additionally, there is a standard fee that varies by locality but generally averages around 6%.
- Architectural Assessment: An architect must be hired to prepare the necessary project documentation. Their fees are generally based on the budget of the project and are charged as if planning a new construction.
- Our Firm’s Services:To facilitate this process for our clients, our firm offers the following services:
- Initial Assessment: We first determine whether it is possible to legalize the property, charging on an hourly basis for this preliminary evaluation.
- Budgeting the Legalization: We then provide a comprehensive budget for the legalization process, based on a flat fee arrangement with both the architect and our legal team. This approach is designed to avoid the high costs typically associated with percentage-based fees.
- Coordination and Process Management: For clients who wish to proceed, our firm will handle all aspects of the process, coordinating closely with the necessary parties to ensure a smooth and efficient legalization.
Should you have any further questions or require further clarification on how this new law might impact your property, please do not hesitate to contact our office. We are here to assist you in navigating these legal waters and ensuring your property complies with the latest regulations.