House Plan 2011 contained within the Development Decree 2011

It has been published in the Official Gazette number 110 of May 13, the so-called decree development, which contains within it the provisions of the new house plan 2011. Here are the new rules that allow you to build or expand their home according to different criteria:

Private construction

1. To liberalize private buildings are made

amendments to the rules in force in the following terms:

a) introduction of the "silence" for the release of

building permit, except for cases where there

environmental, landscape and cultural;

b) extension of the certified start activity '

(SCIA) to building work previously performed with complaint

Starting activity '(DIA);

c) typing of a new contractual widespread in

practice: the "transfer of airspace";

d) registration of contracts of sale real estate

absorbs the obligation to report to the authority 'local public

security;

e) buildings used for residential purposes

l '"self-certification" sworn by a qualified technician replaces

the so-called annual "acoustic";

f) a requirement for municipalities to publish on its website

institutional technical annexes planning instruments;

g) exclusion of the strategic environmental assessment procedure

(VAS) for the implementation tools of urban planning already '

subject to strategic environmental assessment;

h) national law framework for the redevelopment incentives

of urban areas. Fixed term for any regional regulations;

2. Consequently, the rules in force are made, including

other things, the following modifications:

a) to the Consolidated laws and regulations

on construction of the decree of the President of the

Republic June 6, 2001, n. 380, making the following

changes:

1) in Article 5, paragraph 3, letter a), the word

"Self" and 'replaced by the following: "declaration";

2) In Article 16, after paragraph 2, and 'included the following:

"2-a. Part of implementation instruments and acts

equivalent denomination, the direct execution of works

primary infrastructure referred to in paragraph 7, functional intervention

urban re-development of the territory, and 'charged to the

holder of the building permit and does not apply

Article 122, paragraph 8, of Legislative Decree 12 April 2006, no.

163. "

3) Article 20 and 'replaced by the following:

"Article 20 - (Procedure for the issue of residence

build). 1. The application for the issuance of the building permit,

signed by one of the parties entitled under Article

11, should be submitted to one-stop shop accompanied by a certificate

concerning the proof of identity, the construction documents

required by the building code, and when they satisfy the

assumptions, other documents as provided by Part II. The

question and 'accompanied by a statement of the designer

asseveri that enabled the conformity 'of the project tools

approved and adopted planning, building regulations in force, and

other industry regulations affecting the discipline

the attivita 'building and, in particular, the seismic safety,

security, fire, sanitation in the case where the

occurs in respect of such compliance 'does not entail assessments

technical and discretionary standards for energy efficiency.

2. The single point communicates to the applicant within ten days of the

name of the head of the procedure under Articles

4 and 5 of the Law of 7 August 1990. 241, as amended.

This examination is carried out according to the chronological order of

presentation.

3. Within sixty days of submission of the application,

responsible for the procedure carries out the preliminary acquires

using the one-stop, in accordance with

Article 5, paragraphs 3 and 4, the required opinions and acts of

consent may be required, provided that the same are not already '

were attached to the application by the applicant and assessed the

conformity 'of the project to the current regulations, make a proposal

of measure, accompanied by a detailed report, with the

technical and legal qualification of the service required.

4. The head of the procedure, if it considers that for the purposes

the issuance of the building permit is necessary to make

minor changes 'to the original project, can',

in the same period referred to in paragraph 3 of such changes,

and explain the reasons. The person concerned shall decide on the request

amendment within the deadline and, in the case of accession, and '

required to supplement the documentation for the next fifteen days.

The request referred to in this paragraph shall suspend, until its

outcome, the time limit referred to in paragraph 3.

5. The period referred to in paragraph 3 may 'be stopped one

time from the head of the procedure, within thirty days from

submission of the application, exclusively for the motivated request

of documents that complement or supplement the documentation submitted

and that they are already 'in the availability' of the administration or

this can not acquire its own. In this case, the term

shall begin to run from the date of receipt of the documentation

statements.

6. The final measure, which provides a one-stop shop

notify the person concerned, and 'adopted by the executive or by the

office manager, within a period of thirty days from the

proposal referred to in paragraph 3, that the outcome of the conference

services referred to in Article 5, paragraph 4. The term in the first

sentence of this paragraph and 'set in forty days with the

same effect where the director or supervisor of the

procedure has notified immediately of the reasons for refusing

acceptance of the request, pursuant to Article 10-bis of the

Law of 7 August 1990, n. 241, as amended. Dell'avvenuto

issuance of the building permit and 'disclosed to the public

by posting praetorian. The extremes of residence

construct are shown in the cartel exposed at the yard,

accordance with the procedures' laid down by the building regulations.

7. The periods referred to in paragraphs 3 and 5 are doubled for municipalities

with more 'than 100,000 inhabitants, as well as' particularly for projects

according to the resolution of complex reasons responsible for the

proceedings.

8. After expiry of the deadline for the adoption of the measure

conclusive, where the manager or the office manager has not

opposite motivated denial, on the application for a permit to build it

intends format silence gives consent, except in cases in which

constraint exists environmental, heritage and culture, for which

the provisions referred to in paragraphs 9 and 10.

9. If the property for which the intervention is subjected to a

bond whose protection is a matter, even in the process of delegation, at the same

municipal administration, the period referred to in paragraph 6 shall run from

issue of the relevant act of consent. If this act is not

favorable, once the period for the adoption of the measure

conclusive on the question of permission to build you intend to format

the implied rejection.

10. If the property for which the intervention is subjected to a

bond whose protection is not for the municipal administration, where

the approval of the person in charge of protection is not

product by the person concerned, the competent municipal office acquires

its assent at the conference of the services in

Article 5, paragraph 4. The period referred to in paragraph 6 shall begin

outcome of the conference. If the outcome is not favorable course

the deadline for the adoption of the final decision on the request

building permit you intend to format the implied rejection.

11. The deadline for the issuance of the building permit for

actions referred to in Article 22, paragraph 7, and 'seventy-five

days from the date of submission of the application.

12. Without prejudice to the provisions of current legislation in

relation to compliance with the general government

state involved, are subject to the provisions contained in

regional laws providing for measures for further simplification and

further reductions in procedural terms.

13. Where the fact constitutes a more 'serious offense, whoever, in

or sworn statements or claims referred to in paragraph 1,

falsely declares or the existence of the requirements or

conditions referred to in that subsection and 'punished with imprisonment from

one to three years. In such cases, the proceeding

inform the appropriate professional association for the imposition of

disciplinary sanctions. "

4) Article 21 and 'replaced by the following:

"Article 21 - (Regional Intervention replacement). 1. The

regions, with their own laws, determine forms and methods' for

any exercise of the substitution power against

the municipal administration office responsible for issuing

of the building permit. "

5) In Article 34, after paragraph 2-bis, and 'added

following:

"2-ter. For the purposes of this Article,

you have partial discrepancy 'in the presence of the qualification

violations of height, delamination, or cubic volume covered area that

do not exceed for single units' property 2 percent of

design measures. "

6) in Article 59, paragraph 2, the words: "The Minister for

Infrastructure and Transport "are replaced by the following:" The

Ministry of Infrastructure and Transport ";

7) In Article 82, paragraph 2, the words "where the

authorizations provided for in Article 20, paragraphs 6 and 7, can not

be granted, for the "are replaced by the following:" in the case

of ".

b) The Law of 7 August 1990, n. 241, making the following

changes:

1) in Article 14c, paragraph 3, second sentence, the words

"The next" are replaced by the words "within".

2) In Article 19, paragraph 1, first sentence, after the words:

'Well' of those'', the following is added:'' provided by

regulations for construction in seismic areas and those'' in the

end of the paragraph and 'the following sentence: "The report,

accompanied by declarations, certifications and sworn well '

the relevant technical drawings, can 'be submitted by post

registered letter with acknowledgment of receipt, in which case the

signaling is considered filed when received by

the administration. "and after paragraph 6 and 'added at the end,

the following paragraph:

"6-bis. In the case of Wake on construction, the term of

sixty days referred to in the first sentence of paragraph 3 and 'reduced to

thirty days. Without prejudice to the provisions of

in paragraph 6, also remain 'without prejudice to the provisions relating to

supervision of the activities 'planning and building, the responsibility' and

to the penalties prescribed by the Decree of the President of the Republic 6

June 2001 n.380, and regional laws. ".

c) The provisions referred to in Article 19 of the Law of 7 August

1990, n. 241 are interpreted in the sense that the same shall apply

the complaints start activity 'on construction governed by

Decree of the President of the Republic June 6, 2001, 380, with

exclusion of cases where the same complaints, according to the legislation

state or regional, are alternative or substitute permit

build. The provisions of Article 19 of Law 7

August 1990. 241 are interpreted altresi 'in the sense that

replace the arrangements laid down by regional laws, in

implementation of Article 22, paragraph 4, of the Decree of the President

the Republic June 6, 2001, n. 380, have expanded the scope

application of the provisions referred to in Article 22, paragraph 3, of

the decree and in the sense that, in cases where there are constraints

environmental, heritage and culture, the Wake does not replace the

acts of authorization or clearance of any description of

administrations responsible for the protection of the environment and heritage

culture.

3. To ensure certainty in the circulation of rights

builders, Article 2643, paragraph 1, of the Civil Code, after

n. 2), and 'included the following:

"2-a) contracts that transfer development rights

however denominated in regional regulations and the consequent

planning tools, as well as' conventions

planning for them; ".

4. To simplify the procedures for the transfer of assets

property, registration of contracts of sale relating to

real property or other property rights absorbs the obligation

provided for in Article 12 of the Decree-Law of 21 March 1978, n. 59,

converted, with amendments, by Law 18 May 1978, n. 191.

5. To simplify the procedure for granting permission to

build relatively buildings used for residential purposes,

the Law of 26 October 1995 n. 447, Article 8, after paragraph 3,

and 'added as follows:

'' 3-bis. In municipalities that have proceeded to the coordination of

planning instruments referred to in point b) of paragraph 1 of Article

6, for buildings used for residential purposes, for the purpose

exercise of the activity 'building or the release of

allowed to build, the report acoustic and 'replaced by a

self-certification of a qualified technician indicating compliance of

requirements acoustic protection in relation to the zoning

reference sound. "

6. To simplify access of citizens and businesses to

technical drawings annexed to the acts of the instruments of approval

urban, Article 32 of Law 18 June 2009, n. 69, and

amended, after paragraph 1, and 'added as follows:

"1-bis. For purposes' referred to in paragraph 1, the technical drawings

attached to the resolutions of adoption or approval of the instruments

planning, as well as' their variants, are published on the websites

municipal government information, no new or higher

burden on public finances. "

7. The provision referred to in paragraph 6 shall be applied within sixty

days from the date of entry into force of the law of conversion of

this decree.

8. To simplify the procedures for implementation of the plans

urban and avoid duplication of requirements, Article 16

Law of 17 August 1942, n. 1150 and subsequent amendments, and '

added at the end, the following paragraph:

"The implementation tool of urban planning already 'subjected to

Strategic Environmental Assessment is not 'subjected to evaluation

Strategic Environmental ne 'in screening of the project' should not

involves higher-level variant, and the tool in the assessment

Strategic Environmental defines the structure of the new locational

forecasts and regional allocations, the indices of

edificabilita ', the uses allowed and content plans volumetric

typological and constructive interventions, dictating the limits and

conditions of sustainability 'environmental transformations

provided. In cases where the implementation tool of urban planning

involves variation to the higher-level, evaluation

Strategic Environmental and a screening of the 'are

in any case limited to the aspects that have not been subject to

higher-level evaluation plans. The administrative procedures of

Strategic Environmental Assessment and screening of the project '

are included in the procedure for adoption and approval of the

development plan or their variants not included in the case

referred to in this paragraph. '

9. In order to encourage the rationalization of assets

existing buildings as well as' to promote and facilitate the

rehabilitation of degraded urban areas with the presence of features

heterogeneous and incoherent or unfinished building fabric as well as' the

non-residential buildings for abandoned or in the process of

disposal or to relocate, taking into account the

need 'to promote the development of energy efficiency and

renewable sources, regions, approve within sixty days

the entry into force of this decree for specific laws

encourage these actions with demolition and

reconstruction which include:

a) the recognition of an additional volume compared to

the existing one as a measure reward;

b) the relocation of its volumes in the area or areas

different;

c) the admissibility 'change of use,

as long 'destinations it is compatible with each other or

complementary;

d) changes in the shape necessary for the harmonization

with the existing architectural building organisms.

10. The actions referred to in paragraph 9 may not cover

unauthorized buildings or sites in town centers or areas of

inedificabilità 'absolute, with the exception of the buildings for which

has been issued the license allowing building in amnesty.

11. Once the deadline referred to in paragraph 9, and until the entry into

force of the regional legislation, measures referred to in that

subparagraph shall apply Article 14 of the Decree of the President of the

Republic June 6, 2001, n. 380 also due to changing

uses. It is subject to compliance with the standards

urban, other industry regulations affecting the

discipline of the 'building and in particular the rules

seismic, security, fire protection, sanitation, of

energy efficiency measures, those relating to

protection of the environment and the ecosystem, as well as' the provisions

contained in the code of the cultural heritage and landscape, referred to

Legislative Decree 22 January 2004, n. 42.

12. The provisions of paragraphs 9, 10 and 11 shall also apply in

Special statute regions and the autonomous provinces of Trento and

Bolzano consistent with the provisions of the statutes of

autonomy and with its implementing rules.

13. In the ordinary statute regions, in addition to those provided for in

preceding paragraphs, once the period of sixty days from the

into force of this Decree, and until the entry into force of

regional legislation, shall apply mutatis mutandis', the following

provisions:

a) and 'admitted the permit notwithstanding tools

planning in accordance with Article 14 of the Decree of the President

the Republic June 6, 2001, n. 380 also due to changing

intended use, as long as' it is among their destinations

compatible or complementary;

b) the implementation plans, however denominated and compatible with the

general planning instrument are approved by the City Council.

14. Once the deadline of 120 days after the entry into force of

this Decree, the provisions contained in paragraph 9, except

the provisions of section 10, and the second sentence of paragraph 11, shall be

immediately applicable to the ordinary statute regions that do not

have provided specific approval of the regional laws.

Until the adoption of these laws, the additional volume from

recognize the extent to which reward, pursuant to paragraph 6 letter a),

and 'made no more than a total of twenty per

percent of the volume of the building if it is intended for residential use, or

ten percent of the surface area covered by buildings used for

different use. The volumes and surfaces of reference are

respectively calculated on distinct types Building and

appurtenant existing and sworn by a qualified technician in the

presentation of the documentation relating to qualifying title

expected.

15. Article 2, paragraph 12 of the Legislative Decree 14 March

2011, no. 23 the words "May 1, 2011" are replaced by

following: "July 1, 2011."

14/05/2011

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Source:

Italian version of ReteArchitetti.it