The PDLN194
As stated in the illustrative report, in fact, the legislative intervention of which the urgency is declared (albeit after months from the entry into force of the Salva Casa) is necessary for “harmonize the regional legislationin particular the LR 36/87 and the LR 15/2008with the national one and to provide clear and univocal indications on how these new provisions relate to the regional laws in force“.
This harmonization process is entrusted to three articles which, respectively, are called:
- compliance change intended usereferring to art. 23-ter, paragraphs 1-bis, 1-ter, 1-quater, single building text;
- conditions of eligibilityreferring to art. 23-ter, paragraphs 1-ter, 1-quater, 1-quinquies, single building text;
- Changes LR 15/2008whose letter a) refers to art. 31, Consolidated Construction Text, while letter b) refers to articles 36 and 36-bis, single building text.
Articles 4 (financial invariance clause) and 5 (entry into force).
Analysis of the PDL
In detail, with art. 1 intervenes on the specific conditions for theadmissibility of changes in the intended usewith reference to art. 1-bis, paragraph 1, LR 36/1987, providing that the municipal resolutions are not sent to the Region for the verification of conformity.
With art. 2 The applicability of the facilities introduced by the Salva Casa is extended, with reference to art. 1-bis, paragraph 1, LR 36/1987, also at Real estate units placed on the first floor above ground or basementwithout the transmission to the Region for the verification of compliance of the relative municipal resolutions.
With art. 3 intervenes on the methods of taxation of the abusewith reference to art. 15, paragraph 4, LR 15/2008, specifying the scope of application and the methods through which the Municipalities proceed to the alienation of the property acquired to their assets.
In the same article, moreover, art. 22, LR 15/2008 on the subject of assessment of conformityreceiving as the new provisions of art. 36 and art. 36-bis, DPR 380/2001 in the text currently currently. As far as it is given to understand, therefore, the indications of circular no. 1566357/2024 which was mentioned at the beginning of this contribution they are not normally consecrated.
Direct applicability of the (remaining) national legislation
In the end, nothing is said On the other institutes introduced or modified by the Salva Casa such as, for example, it legitimate state of the properties referred to in art. 9-bis, paragraphs 1-bis and 1-ter or the tolerances pursuant to art. 34-bis, DPR 380/2001.
In the silence of the PDL, therefore, it can well be considered that the national legislation operates directly in the Lazio Region, without the need for (future) legislative mediations or practice. All with some doubts for the regularization of essential variations pursuant to art. 32, Consolidated Building Text.
