Stop conference services and long times
Article 14, “Simplification measures regarding building permits for listed properties”modifies paragraph 8 of the art. 20 of the TEU with the aim of streamlining procedures and guaranteeing certain deadlines. The current law establishes that when the property is subject to hydrogeological, environmental, landscape or cultural constraints, the building permit cannot be issued by silent consent, but must be explicit.
The paragraph, in fact, recalls art. 14 of law 241/1990 regarding administrative proceedings according to which the Services Conference must always be called when the positive conclusion of the proceedings is subject to the acquisition of multiple opinions, agreements, concerts, authorizations or other acts of consent, given by different administrations. In the case of the building permit, this is a procedure that currently applies regardless of whether the request to the Municipality for the building intervention is already accompanied by the necessary permits.
A double step which lengthens the time for no reason, given that in these cases, i.e. in the presence of complete documentation, the administration in fact limits itself only to taking note of authorizations already issued by other bodies, obviously without prejudice to the possibility of expressing a contrary opinion.
But if there is no reason for the denial, it is still necessary to wait for the Conference to be convened and for a long time.
Silent consent with the authorizations already obtained
The proposed modification eliminates this double step for those who have already acquired the restrictive authorizations by introducing silent consent. In detail, the new text provides that when the applicant has already obtained and attached to the application for a building permit all the formal authorization provisions, authorizations or other acts of consent issued by the authorities responsible for protecting the constraints, referring to the same project documents which are the subject of the application and still valid, then the building permit is formed by silent consent, after the ordinary deadlines have elapsed without a response from the Municipality.
No to changes during construction
However, the required requirements are precise and do not allow shortcuts. For silent consent to be formed, the authorizations must be:
- formal;
- currently valid;
- issued on the design documents covered by the building permit application.
Therefore, a generic landscape authorization is not enough: it must be the same documents, the same project, the same shape of the intervention.
If, however, the project presented to the Municipality differs even partially from that authorized by the Superintendency or by the body responsible for the restriction, silent assent is not given and the explicit provision remains necessary. The rule essentially rewards documentary completeness: those who present a practice already accompanied by all the necessary opinions will no longer have to wait for any double passage or extension of deadlines.
A short time is expected for the definitive green light to be given to the measure by the Chamber given that the law has not encountered any obstacles whatsoever.
Art. 20, paragraph 8, TEU: comparison of texts
| Art. 20, paragraph 8, TEU – Previous text | Art. 20, paragraph 8, TEU – New proposed text |
| Once the deadline for the adoption of the final provision has expired without any reason, if the manager or office manager has not made a reasoned refusal, the application for the building permit is considered to have been given silent consent, except in cases where there are constraints relating to the hydrogeological, environmental, landscape or cultural structure, for which the provisions of articles 14 and following of law no. 7 August 1990 apply. 241. | Once the deadline for the adoption of the final measure has expired in vain, if the manager or office manager has not made a reasoned refusal, silent consent is deemed to have been given on the building permit application. If the property covered by the building permit application is subject to hydrogeological, environmental, landscape or cultural constraints, the provisions of Articles 14 and following of Law no. 7 August 1990 apply. 241, without prejudice to the formation of silent consent on the building permit application in the event that for the same intervention the relevant formal authorization provisions, authorization or other acts of consent, however named, provided for by current legislation and issued by the authority responsible for looking after the aforementioned interests on the project documents covered by the building permit application have already been acquired and are currently valid. |
