The law 24 July 2024, n. 105 in converting the decree law 29 May 2024, n. 69 containing “Urgent provisions on building simplification and urban planning”, so -called decree Save-houseintroduced paragraph 1-quater within art. 2-bis of the DPRN 380/2001, placing a rule concerning the Recovery of atticswhich was not present in the original version of the Salva-Casa decree and so filling a gap about the “coverage” at the level of state legislation of principle with respect to regional regulations, which for some time regulated the matter of attics at regional level.
The purpose of the novel is to allow, without more restrictive interpretations, the recovery of attics, which in their small way, although making punctual regenerative building interventionsof course, of less width and incidence compared to those of “urban regeneration”, are however useful to redevelop the building tissue compromised by the wear of the time.
Let’s analyze below what the home is prejudice to the home of attic recovery.
Content and limits of the saving-house
The new paragraph 1-quater of art. 2-bis provides that, in order to encourage the expansion of the housing offer, limiting the consumption of new soilthe attic recovery interventions are however allowed, within the limits and according to the procedures provided for by the regional laweven when the recovery intervention does not allow compliance with the minimum distances between buildings and boundaries, a condition That:
- The distance limits in force at the time of the construction of the building are respected;
- Changes are not made, in the shape and surface, to the attic area, as delimited by the perimeter walls;
- The maximum height of the building absent from the title that provided for its construction is respected.
This rule allows, within the limits and according to the procedures provided for by the regional laws, the housing recovery of the attics, assuming as a parameter minimum spacerbetween the buildings and the borders, the one in force at the time of their legitimate realization.
This is temperate derogation in the sense that it is interdicted:
- do not respect the distance limits in force at the time of the (original) construction of the building;
- make changes, in the shape and surface, to the attic area, as delimited by the perimeter walls;
- exceed the maximum height of the building absent from the title that provided for its construction.
In application of the principle of legislative power competing in the matter, The most favorable regional provisions are subject to.
Interpretative clarifications and prevalence of the regional legislation
The novel made itself necessary, given that the rule of art. 2-bis tue predicted one derogation on distances Only in relation to demolition and reconstruction interventions And therefore, having been considered of strict interpretation, it was not susceptible to analog application, and, therefore, not extendable to other building types, such as the construction of attic.
The rule of the Salva-Casa decree thus introduced certainty correlatively to the issue of distances in the realization of the attics, which was controversial in the previous regulatory structure and variously governed in local building regulations and in the technical implementation standards attached to urban planning tools.
Leaving the provisions of the most favorable regional laws, the Principle of prevalence of regional competence in building matterswith respect to state legislation, which, even if in principle, as in the present case, must give in the face of the hypothesis of a more permissive regional legislation.
Furthermore, the principles placed by the jurisprudence on the housing recovery of the attics remain stopped, including primarily that according to which This recovery is allowed only in the event that the building was made legitimately or, in case of abusiveness of the artifact, it was remedied before the presentation of the recovery request. In this regard, it must be pointed out that the recovery of an attic does not configure an additional hypothesis of amnestybut it is a procedure that allows transform the intended use of the housing atticas long as the building in which it is found legitimately made, that is, even if it was made illegally, it was previously remedied pursuant to law no. 47 of 1985 or by the subsequent condonistic legislation this is regularly absent and having an other functional destination (for example technical volumes or stenses).
The regional attractive legislation
The new state -of -the -art state legislation included in art. 2-bis of the Tua from the Save Casa Decree recalls the regional legislation on two occasions:
- as a prerequisite for the application of the standardsince “the attacker recovery interventions are in any case allowed, within the limits and according to the procedures provided for by regional law”;
- as a necessary application rulein the event of a more favorable provision than the state legislation, introduced in Tua by the saving-house decree.
