Economy

Law 104, changes the first home mortgage: state guarantee up to 80%, here’s who can get it

Buying a house when a significant part of the family income is absorbed by daily assistance, care needs or simply by a condition that makes access to credit more complicated can turn into a much more difficult path than a normal mortgage simulation suggests. It is precisely on this ground that one of the least talked about innovations of the House Plan 2026which became operational on August 3: for the first time, people with severe disabilities and certain cohabiting family members are also among the priority categories of the First Home Guarantee Fund.

The measure may be particularly relevant because the State guarantee, normally equal to 50% of the principal amount of the loan for these new categories, it can go up to80% when the applicant has an ISEE not exceeding 40,000 euros per year. However, it is not a contribution that covers 80% of the price of the property, nor a loan automatically granted by the State: the Fund acts as a guarantor towards the bank, reducing part of the risk assumed by the credit institution. However, the final decision on granting the loan remains with the bank.

What changes from August 3, 2026

The novelty comes from law 2 July 2026, n. 116which converted the decree-law on the Housing Plan with amendments. The law came into force on 4 July, but the new regulations establish that the expansion of the categories admitted to the Fund becomes effective from the thirtieth day following: Consap, the public company that manages the Fund on behalf of the Ministry of Economy and Finance, has therefore established the operation of the new provisions at August 3, 2026updating procedures, forms and IT systems.

The change is particularly significant because from 1 January 2025, access to the First Home Fund is reserved for categories identified by law, including young people under 36, young couples, single-parent families, tenants of public housing and large families in the presence of the specific requirements. With the 2026 Housing Plan, two new categories related to disability are now added to this list.

It is not enough to have Law 104: who can obtain the guarantee

The first point to clarify concerns the expression “Law 104”, often used too generically. The new relief does not concern any recognition under Law 104but people with permanent disabilities ascertained pursuant to thearticle 3, paragraph 3, of law 5 February 1992, n. 104i.e. the condition of gravity envisaged by the law.

The real news, however, is that it doesn’t necessarily have to be the person with a disability who asks for the mortgage. In fact, the law also includes a member of the family unit in which a person with a serious disability has lived for at least two yearsas long as the latter is son or daughter, brother or sister of the applicant.

This is a crucial clarification. The law does not generically provide the benefit for any caregiver or for any relative of a person with disabilities: it expressly identifies those family relationships and requires cohabitation within the household for at least two years. A brother who lives permanently with a sister with a serious disability, or a parent who lives with his child in the conditions indicated by law, can therefore fall into the new priority category if the other requirements of the Fund are also met; However, it is not enough to take care of a relative without the conditions required by the law being met.

When the guarantee increases from 50 to 80%

For these new beneficiaries the mechanism is relatively simple: the public guarantee is equal to 50% of the principal amount of the loanbut it gets to80% if the applicant’s ISEE does not exceed 40,000 euros per year.

The difference is far from marginal, especially for those who do not have large assets to use as personal guarantee, but it must be interpreted correctly. If, for example, a loan of 150,000 euros is granted, a public guarantee of 80% means that the Fund can guarantee up to 80% of the principal amount of the loan within the terms established by law: it does not mean that the State pays 120,000 euros to the buyernor that the borrower only has to repay the remaining 20%.

The debt remains entirely the one contracted with the bank and the installments must be paid by the borrower. The advantage consists in the presence of a much larger state guarantee behind the loan, which can facilitate access to credit for individuals to whom it would otherwise be more difficult to offer sufficient guarantees.

The mortgage cannot exceed 250,000 euros

Belonging to the new category does not eliminate the other requirements established by the First Home Fund. The financing admitted to the guarantee cannot exceed 250,000 euros and must concern a property to be used for main residence.

Furthermore, at the time of the application, the applicant must not be the owner of other properties for residential use, even abroad, with a particular exception for properties acquired by succession due to death, even in community with other heirs, and granted free of charge for use to parents or siblings.

The house to be purchased must also respect certain characteristics: homes belonging to cadastral categories are excluded A/1, A/8 and A/9i.e. stately homes, villas and castles or prestigious palaces respectively, and the properties must not present the luxury characteristics identified by the legislation.

An 80% guarantee does not mean a guaranteed mortgage

It is perhaps the most important distinction for those who are thinking of taking advantage of the new opportunity. Enter the priority categories of the Fund and have an ISEE of less than 40,000 euros does not oblige the bank to grant the loan.

Consap expressly clarifies this: the request is presented through a participating bank or intermediary, while the financing institution retains the right to decide, based on its own assessments, whether to grant the loan. The Fund intervenes on the guarantee and therefore on the risk relationship between bank and borrower, but does not replace the bank investigation relating, for example, to the ability to support the instalments.

It is therefore more correct to talk about facilitated access to credit and automatic right to the mortgage. And this is precisely the economic sense of the measure: to make family situations that may have greater difficulty in presenting sufficient guarantees financeable, without however canceling the credit rating of the institution that provides the loan.

How the application is presented

It is not necessary to submit the request directly to Consap. Anyone wishing to access the guarantee must contact a bank or a financial intermediary belonging to the Prima Casa Fundusing the updated forms prepared after the entry into force of the new provisions. Consap announced that since August 3rd it has updated both the forms and the systems necessary for the institutes to forward the new practices.

For those returning due to the condition of disability it will therefore be essential to be able to document the recognition provided for by thearticle 3, paragraph 3, of Law 104 and, when the family member requests the mortgage, the composition of the household and cohabitation required for at least two years. To obtain the 80% guarantee, you will also need a ISEE not exceeding 40,000 euros.

Because the news also affects family members

Perhaps the most innovative aspect of the reform lies in having shifted the attention from the sole person with the disability to the entire family context in which that condition is experienced. The possibility granted to a parent who lives with a child with a serious disability or to a brother or sister who permanently shares the family unit intercepts situations in which the project of buying a house is inevitably also a project of assistance, autonomy and organization of daily life.

It is no coincidence that the legislator accompanied the expansion of the audience with Additional 6 million euros for the Fund in 2026 and 8 million in 2027.

From 3 August, therefore, the question to ask is no longer just whether a person with a serious disability can benefit from more favorable conditions for buying their first home. The answer may also concern those who live next to them every day. With a fundamental difference compared to many of the so-called “104 bonuses”: here there is no discount on the price of the property and part of the mortgage is not cancelled, but the State puts its guarantee up to 80% of the principal amountpotentially creating much more favorable conditions for knocking on a bank’s door.