The category of restoration and conservative renovation: regulatory source
Fall within the genus of the “Restoration and conservative restoration” (art. 3, paragraph 1, letter c), of the construction of the building – Presidential Decree no. 380/2001) the interventions aimed at “preserve the building body and ad ensure its functionality through a systematic set of works that, in respect for typological, formal and structural elements of the body itself, also allow the change of destinations of use Provided with these compatible elements, as well as compliant with those provided for by the general urban planning tool and the related implementing plans. These interventions include the consolidation, restoration and renewal of the constitutive elements of the buildingtheinsertion of the accessory elements and the systems requested from the needs of use, theElimination of foreign elements to the building body“.
The purpose of the restoration and conservative renovation interventions
As mentioned by Council of State, section IV, in the sent. January 15, 2025, n. 279the purpose of the restoration and conservative restoration interventions is, therefore, that of innovate the building body in a systematic and global wayhowever in respect for its essential elements “Types, formal and structural”, with a claim to be precluded immutability:
- of the typological qualification of the pre -existing artifact, i.e. architectural and functional characters of it that allow its qualification according to the building types;
- of the formal elements (disposal of volumes, architectural elements) which peculiarly distinguish the artifact, configuring its characteristic image;
- of the structural elementsor inherent to the material composition of the structure of the building body.
The purpose of conservation (1), characteristic of the interventions of recovery and conservative rehabilitation, therefore postulates the typological and structural maintenance of the artifact; Consequently, the building interventions that alterinoeven from the point of view of internal distribution (2), the original physical consistency of a property (and also involve the modification and redistribution of volumes) not already in the concept of “extraordinary maintenance” (and, a fortiori, of restoration or conservative remediation), but as “building renovation” (therefore, in the modification of the distribution of the internal surface and the volumes and the order in which the different portions of the building are also for the sole purpose of making the intended use of existing use easier – cf. Cos. State, section II, n. 2735/2021)
On the basis of the above argued, it can be concluded that:
- If the building renovation interventions include the execution of consistent works in the restoration or replacement of some constitutive elements of the building, or in the elimination, modification and insertion of new elements and systems, they are distinguishable from conservative renovation interventionsgiven that the latter are characterized by failure to contribute substantial changes to the pre -existing building structurein light of an accomplished evaluation taking into account theto the globality of the works performed and the purposes pursued with them;
- Furthermore, the remediation interventions do not include increases in volume(3).
The specific case
In the specific case faced by the judges of Palazzo Spada, it was considered that they fall within the bed of rehabilitation some works functional to the need to preserve the building body and to ensure its functionality through a systematic set of works aimed at consolidating the building, restoring and renewal of certain constitutive elements of the building, through theInsertion of accessory and technicians required by the safety needs of use.
It was a matter of pre -ordered works for the static consolidation of the floors, the creation of “flat platforms”, to the “dark and sew” in order to integrate the masonry where enhanced, to the insertion of “chains” (in order to contain possible phenomena of overturning the walls external); to the renovation of the staircase ramp, the coverage of the scales, flooring, some environments of the crown attic and the above asphalt; to the creation of a dividing partition of the bathroom.
Notes
(1) The Piedmont Tar, section II, in the sent. 24 October 2024, n. 1067, said that “The change of intended use of a room (from cellar to living room), the increase in the surface (in the corridor and in the mezzanine) and the modification (internal and facade) of the building, assessed unitary, are irreconcilable with the restoration and conservative restoration, which presupposes the construction of works that leave the structure of the building unaltered and the internal distribution of its surface (ex multis: Cons. State, IV, 21.9.2015, n. 4381; ditto, VI, 24.11. 2022, n. 10360). In particular, in order for the building interventions to be qualified as restoration and conservative restoration, the typological, formal and structural elements must be respected without changes to the identity, structure and physiognomy of the building and without expanding the volumes and surfaces, being The restoration and conservative restoration aimed at mere conservation, by consolidating, restoration or renewal of the constitutive elements, of the existing building body and the return of its functionality (Cons. State, IV, 30.9.2013, n. 4851). Nor would it be possible to slide the portions of the property affected by the surface increase from the rest: once ascertained, the abusive intervention is necessarily the subject of a unitary and overall evaluation, carried out with reference not only to the structural characters, but also to the functional ones , surface and volume (ex Multis: Cons. State, VII, 22.6.2023, n. 6135)“.
(2) The Piedmont Tar, section II, sent. November 5, 2024, n. 1122, recalled that “The interventions involving surface increase (deriving from the construction of an access room on the ground floor), the construction of an open portico and changes (internal and facade) to the building, with the change of destination of the local cellar in the laundry room, to which They add the renovation of the wooden horizontation to the first floor and the expansion of the roof of the garage use, assessed unitary, are irreconcilable with the restoration and conservative restoration, which presupposes the construction of works that leave the structure of the building and distribution unaltered internal of its surface (Council of State, IV, sent. 21 September 2015, n. 4381; Section VI, sent. November 24, 2022, n. 10360).
In particular, in order for the building interventions to be qualified as restoration and conservative restoration, the typological, formal and structural elements must be respected without changes to the identity, structure and physiognomy of the building and without expanding the volumes and surfaces, being The restoration and conservative restoration aimed at mere conservation, by consolidating, restoration or renewal of the constitutive elements, of the existing building body and the return of its functionality (Cons. State, IV, 30.9.2013, n. 4851).
Nor would it be possible to slide the portions of the property affected by the surface increase from the rest: once ascertained, the abusive intervention is necessarily the subject of a unitary and overall evaluation, carried out with reference not only to the structural characters, but also to the functional ones , surface and volume (ex Multis: Cons. State, VII, 22.6.2023, n. 6135).“
(3) The TAR Tuscany, section III, in the sent. November 29, 2021, n. 1595, said that “As is known, the restoration and conservative restoration is defined by art. 3 of the DPRN 380 of 2001, as a building intervention aimed at preserving the building organism and ensuring its functionality through a systematic set of works which, in compliance with the typological, formal and structural elements of the body itself, allow for its destinations for use compatible with them. This intervention includes the consolidation, restoration and renewal of the constitutive elements of the building, the insertion of the accessory elements and systems required by the needs of use, the elimination of the elements unrelated to the building body. According to the consolidated interpretative orientation, only the conservative restoration interventions only the housing recovery works, which maintain the pre -existing structures, to which they bring a consolidation, a renewal or the insertion of new constitutive elements, a However, the condition that the type, shape and structure of the building are compared to the overall respected (see Cons. State, Section IV, n. 5358 of 2016).
The restoration and conservative restoration is based on the respect and maintenance of the typological, formal and structural elements of the building, without changes to the identity, structure and physiognomy of the building body, without expansion of volumes and surfaces, being the restoration direct to the mere conservation of the existing building body, by consolidating, restoration or renewal of the constitutive elements, and to the return of its functionality. The increase in surface or volumes entails, on the contrary, a transformation of the building that requires the issue of the building permit and exceeds the limits of the category of intervention (see Cons. State, section IV, n. 4851 of 2013;”
