Urban regeneration: what the bill provides

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Emma Potter

More flexible rules for requalification

Long list of amendments to the TEU proposed by the bill. In detail they will always be allowedAlso by way of derogation to the current provisions of the urban planning instruments:

  • building renovation interventions, including demolition and even partial reconstruction of the buildings, with different volumetric distribution and modifications to the shape, site, elevations, plan-volumetric, typological and functional characteristics of the original building, also with possible relocation to different areas;
  • all changes of intended use;
  • interventions as part of urban regeneration plans;
  • reconstruction interventions of collapsed or demolished buildings, within the limits of the pre-existing legitimate consistency.

The variations to the building permits of consent, even explicit, of the listed interventions will always be achievable through SCIA.

Redevelopment also with increases in volume

The bill also provides for the possibility of benefiting from a increase between 10 and 30 percent of the existing volume or gross surface area subject to demolition, provided that interventions are carried out:

  • improvement of the energy efficiency standard in compliance with European directives;
  • anti-seismic consolidation;
  • improved sound insulation performance;
  • elimination of architectural barriers in the common areas.

Interventions in derogation of the minimum distances from borders

The text under discussion also provides that in cases of private demolition and reconstruction interventions of buildings outside the historic centres, reconstruction is still permitted within the limits of legitimately pre-existing distances, even if the dimensions of the relevant lot do not allow the modification of the land area for the purposes of respecting the minimum distances between buildings and from the borders.

Any volumetric and surface incentives recognized for the intervention can also be achieved with out-of-shape extensions of the demolished building, as well as in derogation of land densities and maximum heights.

Simplifications and cost cutting

The approval of these plans entails the declaration of public utility of the planned interventions, with a consequent cutting costs. The following provisions apply to these interventions:

  • if they fall into the homogeneous zones A and B of DM 1444/1968the incremental provision of standards to serve them is calculated at 50 percent of the minimum foreseen and can also be monetized in full if it is impossible to find available areas to be sold to the municipality;
  • if they fall into the other homogeneous areas, the incremental provision of standards is fully ensured and can be monetized up to a maximum of 70 percent if it is demonstrated that it is impossible to completely find the areas to be transferred to the municipality.

The percentage reduction in the mandatory parking provision can be high up to 90 percent in areas served by mass rapid transit hubs.
Also expected is theupdating of the tables of construction and urbanization chargesaccording to the criterion of greater favor for demolition and reconstruction interventions compared to those that determine new land consumption. If local authorities fail to do so, a price list developed by MIT will be implemented.

Discounts also on IMU and TARI

Redevelopment also facilitated with tax incentives. In particular:

  • until the conclusion of the interventions foreseen in the municipal urban regeneration planning, the properties subject to urban regeneration interventions are not subject to IMU and TARI;
  • registration, mortgage and cadastral taxes are applied to transfers of properties to entities carrying out urban regeneration interventions at a fixed rate of €200 each;
  • tax deductions of between 50% and 65% are available

The concessions regarding registration tax also apply in relation to building demolition and subsequent reconstruction interventions.

Higher IMU and IRPEF on unfinished properties

In addition to the benefits, the bill also provides tax increases to counteract the phenomenon of buildings left half-finished. In fact, it is envisaged that to promote the reuse of existing real estate assets, municipalities can progressively increase the IMU rates envisaged on real estate units or buildings that have been unused or unfinished for over five years; the regions can do the same with the additional rate of personal income tax (IRPEF) up to a maximum of 0.2 percent.