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Article Italy: Legislation Enacted to Simplify Building and Urban Planning Regulations

On May 30, 2024, Decree-Law No. 69 of May 29, 2024, enacted to simplify Italy’s building and urban planning regulations, entered into effect.

Some of the important provisions of this legislation are described below.

Prevention of Irregular Construction in Public Places

The new legislation addresses the construction of irregular installations in public places. (D.L. No. 69, art. 1(a)(2), adding b-ter after (b-bis) to para. 1, art. 6 of Decreto del Presidente della Repubblica 6 giugno 2001, n. 380 Testo Unico delle Disposizioni Legislative e Regolamentari in Materia Edilizia [D.P.R. No. 380].) It provides that construction attached to or annexed to buildings that encroach into public spaces must keep visual impacts to a minimum and must harmonize with pre-existing architectural lines. (Art. 1(a)(2).) Municipal urban planning instruments may establish additional conditions on such structures. (Art. 1(c)(1-ter), para. 1, adding a new paragraph after para. 2 of art. 23-ter of D.P.R. No. 380.)

Regularization of Non-Conforming Construction

In cases of construction that partially conforms to the applicable building permit, prior to the imposition of administrative sanctions, the person responsible for the violation, or the current owner of the respective property, may apply for a building permit, showing compliance with the technical regulations relating to the safety, hygiene, health, and energy efficiency requirements of buildings and systems installed therein. (Art. 1(h), paras. 1 and 2(2), amending arts. 36-bis and 36-bis(L) of D.P.R. No. 380.)

Changes of Use in Urban Planning

Municipal urban planning regulations may authorize a change of an intended use for individual real estate units when the change is compliant with other units in the respective building. (Art. 1(c)(1-quater), para. 1, adding a new paragraph after para. 3 of art. 23-ter of D.P.R. No. 380.)

Amnesty

Constructive interventions carried out before May 24, 2024, that fail to comply with the height, distances, volume, covered surface area, and any other parameter of the individual real estate units will not be considered to constitute building violations if they fall withing the allowed parameters defining ”executive tolerances.” (Art. 1(f)(1), amending art. 34-bis of D.P.R. No. 380.) Executive tolerances include smaller sizing of a building, failure to create non-structural architectural elements, irregularities in the execution of external and internal walls and the different location of internal openings, deviations from ordinary maintenance, design errors corrected on-site, and material errors in the design of the works. (Art. 1(f)(2), adding a new para. 2-bis after para. 2 of art. 34-bis of D.P.R. No. 380.)

Construction in Seismic Areas

For real estate units located in seismic zones, with the exception of those with low seismicity specifically indicated in the law, a qualified technician must certify that the interventions comply with the legal requirements. (Art. 1(f)(4), para. 1, adding a new paragraph 3-bis after paragraph 3 of art. 34-bis of D.P.R. No. 380.)

Third Parties’ Rights

The legislation provides that application of its provisions does not limit the rights of third parties. (Art. 2(5).) A qualified technician must verify the existence of possible limitations of the rights of third parties and provide for necessary measures to eliminate such limitations. (Art. 1(f)(4), para. 3, adding a new para. 3-ter after para. 3 of art. 34-bis of D.P.R. No. 380.)

Removable Structures Built During the Covid-19 Health Emergency

Removable structures built for health, assistance, and educational purposes during the state of national emergency declared during the Covid-19 pandemic, which are operative as of the entry into force of D.L. No. 69, and which comply with municipal urban planning instruments and building regulations related to anti-seismic, safety, fire prevention, health and hygiene regulations, energy efficiency, protection from hydrogeological risk, and which are in compliance with the Cultural Heritage and Landscape Code, may be authorized to remain based on proven and objective needs that demonstrate a continuing necessity. (Art. 2(1).)

Penalties for Non-Compliance

The absence of a building permit in cases of total non-compliance or in the presence of essential variations, or the lack of a certified notification of commencement of activity, will remain punishable. (Art. 1(g)(1), amending art. 36, para. 1 of D.P.R. No. 380.) False declarations issued during regularization procedures are subject to criminal sanctions. (Arts. 1(h), para. 2(3) and 2(4), amending art. 36-bis of D.P.R. No. 380.)

Dante Figueroa, Law Library of Congress
July 8, 2024

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Figueroa, Dante. Italy: Legislation Enacted to Simplify Building and Urban Planning Regulations. 2024. Web Page. https://www.loc.gov/item/global-legal-monitor/2024-07-07/italy-legislation-enacted-to-simplify-building-and-urban-planning-regulations/.

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Figueroa, D. (2024) Italy: Legislation Enacted to Simplify Building and Urban Planning Regulations. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2024-07-07/italy-legislation-enacted-to-simplify-building-and-urban-planning-regulations/.

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Figueroa, Dante. Italy: Legislation Enacted to Simplify Building and Urban Planning Regulations. 2024. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2024-07-07/italy-legislation-enacted-to-simplify-building-and-urban-planning-regulations/>.