New decree simplifications inserted: deleted silence refusal for permission to build timing and certainty authorization
Eliminated the implied rejection for permission to build on the well protected and timescales for the authorization landscape. Are the main novelties in construction matters included in the bill Simplification bis, launched by the government.
The measures involve many different areas: infrastructure, cultural heritage and the construction industry, the environment and safety in the workplace. For the latter, we learn from the press conference at the end of the Council, which will be simplified charges for information, "without touching the substantive aspects of the discipline." The objective of the Government is to adopt models and simplified procedures for consistently affect on costs for citizens (estimated at 3.7 billion). Objective: To cut red tape to free up resources for the effective protection of safety.
In the field of environmental protection are expected rules laid down by the Ministry of the Environment to "lighten up" a series of processes including the AIA, simplifications are also coming for the disposal of excavated rocks.
According to the draft of the measure, which was published by some newspapers before the Council of Ministers, here is the news that should apply to planning permission and authorization landscape.
Permission to build
In the case of building permit required on property subject to environmental constraints or cultural landscape is eliminated the implied rejection. In particular, in case of refusal by the administration which is responsible for the protection of a bond and when the final measure of the manager or the office manager is not adopted within the prescribed period, it can not form the implied rejection. The administration will necessarily have to give an answer to the citizen, through an explicit measure (indeed as already established by Law 241/1990).
The draft bill unifies the process that the TU Construction (art.20) differed depending on whether the protection was the responsibility of the municipality or other administration: whatever the responsible authority, the 30-day period within which the town takes its final decision, shall run from the release of the act of assent.
The conference service is rendered non-mandatory: the town that will have to acquire the act of consent may decide to indirla or not, considering in relation to the time and observing the general provisions laid down by Law 241/1990. The aim is to avoid unnecessary expansion of time, as in sporadic cases do not call for a conference even when the call involves a single administration, in addition to the common proceeding.
Landscape authorization, amendment of Art. 146 of the Code
It simplifies the process and shorten the time when the authorization landscape planning instruments are tailored to the requirements of the detailed plans. In these cases, the opinion of the superintendent continues to be mandatory but non-binding. A change are the times: it eliminates the prediction that after 90 days, the opinion of the superintendent is to be considered positive; also erased the possibility for the competent administration to convene a conference of services if the supervisor does not respond within 45 days receipt of documents.
The process will become much easier with a transfer of power to the competent administration if the response time of the superintendent dilate. So: 45 days from receipt of the acts, if the superintendent does not comment on the landscape compatibility and compliance with the provisions of the intervention of the landscape plan, the power of decision to the competent administration will (Region or Delegated entities).
20/10/2012
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Source:
Italian version of ReteArchitetti.it