Re-launching construction activity and simplifying procedures, these are the objectives of the amendments made by the simplification law decree, DL 76 of 2020, to the Consolidated Building Act. They explain this with a circular to the Conference of Regions and Autonomous Provinces, the Union of Provinces of Italy, the National Association of Italian Municipalities, the Department for Infrastructures, Information and Statistical Systems and the Interregional Superintendencies for Public Works, the Minister of Infrastructure and Transport, Paola De Micheli, and the Minister for the Public Function, Fabiana Dadone.
The most significant changes are those introduced by article 10 and concern articles 2-bis and 3 of the Consolidated Law, DPR 380/2001.
The first, relating to article 3, lies in the new, broader definition of "building renovation" which is now also extended to demolition and reconstruction interventions where the shape, the elevation, the grounds and the typological characteristics are modified. In these cases it will no longer be necessary to apply for a new construction permit. And this will be true not only for interventions to adapt to the anti-seismic legislation, as before, but also in cases of accessibility improvements, installation of technological systems and energy efficiency. It will even be possible to increase the volume if this is functional to urban regeneration.
Speculating the simplification desired with these changes, however, is the greater rigor required for properties subject to particular constraints provided for by the cultural heritage code. In these cases not only increases in volume are not allowed but the maintenance of the original typological characteristics is required. The same goes for buildings in historic centers, where exceptions are allowed only if provided for by regional legislative provisions or urban planning instruments.
The other important change concerns article 2-bis of the Consolidated Law and the derogation from the rules on distances for reconstruction or demolition interventions, a derogation now allowed provided that the original buildings have been legitimately built despite the failure to respect the distances provided.
Also in this case, the derogation will be valid for the buildings in the historic centers only if provided for in the detailed recovery and redevelopment plans, under the municipal competence.
“The simplifications regarding urban regeneration and redevelopment represent an important regulatory lever to relaunch a key sector of our economy and to raise the value of our real estate assets. The Simplifications decree is an important first step, but bureaucratic streamlining is a result that must be pursued over time, with many targeted interventions and the collaboration of all levels of government. An action that we will carry out with determination thanks to the instrument of the Agenda for simplification 2020-2023 ”, declared Minister Fabiana Dadone.
“These rules included in the simplification decree represent a fundamental step on at least two fronts: on the one hand, they give the acceleration necessary for the recovery of the economy, today even more than yesterday. On the other hand, they guarantee in an incisive way the certainty that all activities are carried out in full compliance with the rules, always in the direction of legality. Making administrative processes faster and more transparent today means streamlining the processes that too often have stopped entire business sectors, it means restarting the economy. This is an essential goal for which we work tirelessly, also thanks to the commitment of Undersecretary Salvatore Margiotta to whom I asked to set up and coordinate a Table of Experts on Urban Regeneration ”declared the Minister of Infrastructure and Transport Paola De Micheli.