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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Translated via software
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Source:
Italian version of ReteArchitetti.it