Amendments introduced by LR n.20/2024
The changes are contained in the articles. 27 and 28 LR n. 20/2024 which amend, respectively, some provisions of LR 11 March 2005, n. 12 “Law for the government of the territory” and LR 10 March 2017, n. 7 “Recovery of existing basement rooms and rooms”.
In particular, through art. 27, LR n. 20/2024, the articles have been modified. 33 (“Legal regime of interventions”), 52 (“Changes of intended use with and without building works”) and 53 (“Administrative sanctions”) of LR n. 12/2005 for the declared purpose of “adapt the aforementioned regional legislation to the rules of principle contained in the legislative decree of 29 May 2024, n. 69, converted, with amendments, by law 24 July 2024, n. 105 … concerning the urbanistically relevant change of intended use”.
The changes made
Therefore, as stated in the report to bill no. 94, the amendments to the art. 33, paragraph 1, LR n. 12/2005 integrate the article with references to the state regulatory provisions governing the cases of interventions subject to certified reporting of start of activity (SCIA)to SCIA as an alternative to the building permit, as well as to building permit (also ‘in amnesty’); at the same time, in LR n. 12/2005, paragraphs 2 and 3 of article 52 are repealed (in the event of changes in intended use without building works) and the provision of art. 53 (administrative sanctions) connected to the aforementioned paragraphs, “as these provisions are in conflict with the additions made to the art. 23-ter of Presidential Decree 380/2001” – on the change of urbanistically relevant use – “which provides for more appropriate building permits in relation to the interventions to be carried out”.
In essence, the provisions of the regional law on transformations subject to building permits are integrated with interventions subject to Scia, Scia alternative to building permit and Scia in amnesty.
At the same time, they are repealed the other provisions on changes of intended use which, in light of the Save Casa amendments, would be in conflict with this legislation having prescribed, for example, the payment of an increased construction contribution in the event of a change of use within ten years following the works.
Amendments to the Law on the recovery of basements (LR no. 7/2017)
Secondly, through art. 28, LR n. 20/2024, the art. has been modified. 2 (“Building regulations for interventions”) of LR n. 7/2017 for the same purpose of adapting regional legislation to the rules of principle contained in the Save-Home Decree.
Therefore, always starting from the new wording of the art. 23-ter, Consolidated Construction Law, paragraph 3 of the art. have been modified. 2 (building regulations for interventions) of regional law 7/2017, on recovery of existing basement rooms and rooms achieved without building worksin connection with the aforementioned repeal of paragraph 2 of article 52 of regional law 12/2005. Furthermore, the repeal of paragraph 7 of the art. 2, LR n. 7/2017, which established the following: “The volumes of rooms and basement rooms recovered in application of the provisions of this law, they cannot be subject to a change of intended use in the ten years following the achievement of usability”.
The effects of the new provisions
Basically, it comes allowed the recovery of the rooms and premises affected through the SCIA, repealing the rule that prohibited the change of intended use in the ten years following the achievement of usability.
Lastly, for the necessary in-depth information, we strongly recommend open this link through which you can consult the coordinated text of the two modified regional laws.
