Save Milan: new constructions and development plans
The so-called Save Milan bill aims resolve the conflict regarding the correct interpretation of Article 41-quinquies, sixth paragraphof the Urban Planning Law (L. 1150/1942) which identifies the volume and height limits of buildings within the municipal territory and which is at the basis of a dispute that led to the seizure of some construction sites in Milan.
The question in fact sees two opposing orientations, a restrictive one – older – which implies the prohibition of carrying out interventions exceeding the aforementioned limits indicated in the absence of an implementation plan extended to the entire area, even in the case of reconstruction of buildings to be carried out in areas already urbanised (Council of State, ruling no. 369/1977), and an orientation most recentwhich interprets the provision as requiring the approval of the detailed plan or subdivision plan only in the presence of non-urbanized areas, which therefore require implementation planning aimed at their harmonious and orderly development (most recently, Council of State no. 7799/2003, in continuity with the circular of the Ministry of Public Works 1501/1969).
The blocking of the Milanese construction sites was decided by the administrative judiciary also in light of the fact that the reconstruction interventionseven with extensions, they were made on the basis of a simple SCIAwithout also providing for the implementation of urbanization interventions to serve the new real estate units.
Overall reorganization of the material within 6 months
The bill therefore aims to resolve the conflict by considering the interventions carried out or approved up to the date of entry into force of the sector reorganisation legislation as compliant with urban planning regulations, in compliance with certain conditions, even in the absence of a detailed plan or agreed subdivision.
For this reason a six month term to the Government, Regions and Local Authorities to identify, following agreement at the Unified Conference:
– cases in which it is necessary to adopt a detailed plan or agreed subdivision;
– the type of interventions classified as building renovation pursuant to Article 3, paragraph 1, letter d), of the Consolidated Law on Building (Presidential Decree 380/2001).
The revision of the rules will have to take into account theneed to activate urban regeneration processesof redevelopment of degraded urban areas, of recovery and enhancement of abandoned or in the process of being abandoned buildings and urban spaces and of promoting the development of economic, social, cultural or environmental recovery initiatives.
Save Milan: Conditional amnesty to unblock construction sites
For ensure the unblocking of construction sites under seizure, the bill then provides in detail that the interventions carried out or approved until the entry into force of the future Consolidated Law on Building or Construction (still being written), even if not preceded by the prior approval of a detailed plan or agreed subdivision, excluding those for which demolition or restoration to original condition has been ordered, are considered compliant with urban planning regulations in the following cases:
- construction of new properties on individual lots located in built-up and urbanized areas;
- replacement of existing buildings in areas characterised by a defined and urbanised urban structure;
- interventions on existing buildings in areas with a defined and urbanized urban structure that involve heights and volumes exceeding the maximum limits set out in Article 41-quinquies, paragraph 6, of the urban planning law, in compliance with the technical standards for construction.
Save Milan: respect for urban planning parameters is mandatory
Compliance with urban planning regulations is, in any case, subject to compliance with the following conditions:
a) verification of adequacy of territorial resources and urban planning parameters based on the
regional legislation and municipal urban planning tools;
b) respectlimited to new construction interventions, of the minimum distance between buildings,
derogable between buildings included within implementation plans and areas with planimetric and volumetric forecasts subject to unitary agreement.
It was also clarified that the total or partial demolition and reconstruction interventions made or approved by
to run from June 21, 2013 (date of entry into force of Legislative Decree 69/2013), fall within the
definition of building renovation:
- even if they lead to the construction, within the same intervention lot, of building organisms
- which have a shape, elevations, footprint and planimetric, functional and typological characteristics that are also completely different from the original ones;
- provided that they comply with the enabling procedures and the volumetric constraints established by regional legislation or municipal urban planning tools;
- without prejudice to the verification of the adequacy of the territorial resources and urban planning parameters in the cases provided for by regional legislation and municipal urban planning instruments.
The floor now goes to Parliament.
