Buying and selling real estate: Construction Act (11/2010)

PART ONE - Building activity

 

TITLE I - General Provisions

Chapter I - Building activity

Article 1 (L) - Scope

Art 2 (L) - Competence of Regional and Local Government

Article 3 (L) - Definitions of building work

Article 4 (L) - Necessary content of the municipal building regulations

Article 5 (R) - One-stop shop for building

 

TITLE II - Securities habilitation

 

Chapter I - General Provisions

Article 6 (L) - Activities free building

Article 7 (L) - Building activity of public administrations

Article 8 (L) - Activities of private construction on public lands

Article 9 (L) - Construction activity in the absence of urban planning

 

Chapter II - Permission to build

Section I - Concept and characteristics

Article 10 (L) - Interventions subject to planning permission

Article 11 (L) - Features of the building permit

Article 12 (L) - Conditions for the issuance of the building permit

Article 13 (L) - Jurisdiction to issue the building permit

Article 14 (L) - Permission to build in derogation planning instruments

Article 15 (R) - Effectiveness and decadence of the building permit

 

Section II - Contribution of construction

Article 16 (L) - Contribution to the issuance of the building permit

Article 17 (L) - Reduction or exemption from the contribution of construction

Article 18 (L) - Convention-type

Article 19 (L) - Contribution of construction works or facilities not intended for residence

Section III - Procedure

Article 20 (R) - The procedure for the issuance of the building permit

Article 21 (R) - Intervention replacement regional

 

Chapter III - Termination login

Article 22 (L) - Interventions subject to commencement notice

Article 23 (R) - Discipline of the notice of commencement of activities on construction

 

TITLE III - Ready accessibility of buildings

Chapter I - Certificate of occupancy

 

Article 24 (L) - Certificate of occupancy

Article 25 (R) - Procedure for the issue of the certificate of occupancy

Article 26 (L) - Declaration of unfitness

 

TITLE IV - Supervision of planning and building, liability and sanctions

 

Chapter I - The Supervision of and responsibility for planning and building

 

Section 27 (L) - Supervision of planning and building

Article 28 (L) - Supervision of works of the Civil Service

Article 29 (L) - Responsibilities of the holder of the concession, the customer, the manufacturer and the construction manager, and also the designer for the works subject to commencement notice

 

Chapter II - Sanctions

 

Article 30 (L) - Development abusive

Article 31 (L) - Interventions carried without a license, in total or discrepancy with essential changes

Article 32 (L) - Determination of essential changes

Article 33 (L) - Interventions building renovation in the absence of permission to build or differences in total

Article 34 (L) - Interventions performed in partial divergence from the building permit

Article 35 (L) - Statements made on soils abusive state-owned or public bodies

Article 36 (L) - Assessment of Compliance

Article 37 (L) - Interventions carried out in the absence or in contravention of the notice of commencement of activities and conformity assessment

Article 38 (L) - Interventions performed according to a building permit canceled

Article 39 (L) - Cancellation of the building permit from the Region

Article 40 (L) - Suspension or demolition of unauthorized actions by the Region

Article 41 (L) - Demolition of illegal works

Article 42 (L) - Late or non-payment of contributions relating to building permit

Article 43 (L) - Collection

Article 44 (L) - Criminal penalties

Article 45 (L) - Rules for criminal prosecution

Article 46 (L) - Invalidity of legal acts relating to buildings whose illegal construction is commenced after March 17, 1985

Article 47 (L) - Sanctions against the notaries

Article 48 (L) - the utility companies of public services

 

Chapter III - Tax provisions

 

Article 49 (L) - Tax provisions

Article 50 (L) - Tax benefits in the event of amnesty

Article 51 (L) - Public funding and amnesty

 

PART II - Technical standards for construction

 

Chapter I - General provisions

 

Article 52 (L) - Type of structures and technical standards

Article 53 (L) - Definitions

Section 54 (L) - Construction systems

Article 55 (L) - Masonry buildings

Article 56 (L) - Buildings structure with load-bearing panels

Article 57 (L) - buildings with frame structures

Article 58 (L) - Serial production in factories for manufactured goods conglomerate and prestressed and manufactures complex metal

Article 59 (L) - Workshops

Article 60 (L) - Adoption of technical standards

Article 61 (L) - Inhabited by consolidating

Article 62 (L) - Use of buildings

Article 63 (L) - Public Works

 

Chapter II - Rules of the works in reinforced concrete and prestressed steel structure and

 

Section I - Compliance

Article 64 (L) - Design, direction, performance, accountability

Article 65 (R) - Termination of construction works and facility was completed in relation to the works of reinforced concrete and prestressed steel structure and

Article 66 (L) - Documents on site

Article 67 (L-R) - Static testing

 

Section II - Security

Article 68 (L) - Controls

Article 69 (L) - Investigations of violations

Article 70 (L) - Adjournment

 

Section III - Rules criminal

Article 71 (L) - Work abusive

Article 72 (L) - Failure to Report of work

Article 73 (L) - Responsibilities of the project manager

Article 74 (L) - Responsibilities of the tester

Article 75 (L) - Lack of test certificate

Article 76 (L) - Notice of the judgment

 

Chapter III - Measures to facilitate the overcoming and removal of architectural barriers in private buildings, public and private open to the public

 

Section I - Elimination of architectural barriers in private buildings

Article 77 (L) - Design of new buildings and renovation of entire buildings

Article 78 (L) - Resolutions on the Elimination of architectural barriers

Article 79 (L) - Works aimed at the elimination of architectural barriers made in derogation of the building regulations

Article 80 (L) - Respect for seismic safety, fire and accident prevention

Article 81 (L) - Certifications

 

Section II - Elimination or elimination of architectural barriers in public and private buildings open to the public

Article 82 (L) - Elimination or elimination of architectural barriers in public and private buildings open to the public

 

Chapter IV - Measures for buildings with special requirements for seismic zones

 

Section I - Rules for construction in seismic zones

Article 83 (L) - Works disciplined and degrees of seismicity

Article 84 (L) - Contents of technical standards

Article 85 (L) - Seismic actions

Article 86 (L) - Verification of structures

Article 87 (L) - Verification of foundations

Article 88 (L) - Exceptions

Article 89 (L) - Opinion on planning instruments

Article 90 (L) - elevations

Article 91 (L) - Repairs

Article 92 (L) - Buildings of special artistic importance

 

Section II - Supervision of construction in seismic zones

Article 93 (R) - Termination of the work and presentation of projects for construction in seismic zones

Article 94 (L) - Authorization for the start of work

 

Section III - Repression of breaches

Article 95 (L) - Criminal penalties

Article 96 (L) - Assessment of violations

Article 97 (L) - Adjournment

Article 98 (L) - Criminal proceedings

Article 99 (L) - Execution Office

Article 100 (L) - Powers of the President of the Regional Council

Article 101 (L) - Notice of the decision to the competent technical department of the region

Article 102 (L) - Arrangements for the execution of office

Article 103 (L) - Watch for compliance with the technical standards

 

Section IV - Final Provisions

Article 104 (L) - Construction in progress in seismic areas of new classification

Article 105 (L) - Construction performed with the aid of the State

Article 106 (L) - Exemption for the works executed by the military genius

 

Chapter V - Regulations for the safety of installations

 

Art 107-121 - (repealed)

 

Chapter VI - Regulations for the reduction of energy consumption in buildings

 

Article 122 (L) - Scope

Article 123 (L) - Design, installation and operation of buildings and facilities

Article 124 (L) - Limits on energy consumption

Article 125 (LR) - Termination of the work, technical report and plant design and works related to renewable sources of energy saving and energy efficiency

Article 126 (R) - Certification of plants

Article 127 (R) - Certification of the works and testing

Article 128 (L) - Energy certification of buildings

Article 129 (L) - Operation and maintenance of facilities

Article 130 (L) - Certifications and consumer information

Article 131 (L) - Checks and

Section 132 (L) - Sanctions

Article 133 (L) - Measures of suspension of work

Article 134 (L) - Irregularities detected by the purchaser or conductor

Article 135 (L) - Application

 

PART III - Final provisions

 

Chapter I - Final Provisions

 

Article 136 (L-R) - Repeals

Article 137 (L) - Rules remain in force

Article 138 (L) - Entry into force of the consolidated

 

PART I - Building activity

 

TITLE I - General Provisions

 

Chapter I - Building activity

 

Article 1 (L)-Scope

 

1. This text contains only the basic principles and general rules and regulations for the discipline of building.

 

2. Remain subject to the provisions concerning the protection of cultural and environmental heritage of the Legislative Decree 29 October 1999, n. 490 (now Legislative Decree no. 42, 2004 - ed), and other industry regulations affecting the discipline construction activity.

 

3. They are also subject to the provisions of Articles 24 and 25 of Legislative Decree 31 March 1998, no. 112, and the related implementing rules, relating to the implementation, expansion, renovation and conversion of production facilities.

 

Article 2 (L) - Competence of Regional and Local Government

 

1. The regions exercise concurrent legislative power on construction in accordance with the fundamental principles of state law can be derived from provisions in the text only.

 

2. The special status regions and the autonomous provinces of Trento and Bolzano exercise their legislative power, in accordance with and within the limits of the statutes of autonomy and its implementing rules.

 

3. The provisions even in detail, of this Act, the implementation of the principles of reorganization contained in it, operate directly in respect of the ordinary statute regions, as long as they do not comply with the rules themselves.

 

4. The municipalities, as part of its statutory autonomy and regulations referred to in Article 3 of the Decree of 18 August 2000 no. 267, governing the construction activity.

 

5. In no case shall the provisions of this Act can be interpreted as giving the State of functions and duties transferred, delegated or otherwise transferred to the regions and local authorities by the provisions in force at the date of its entry into force.

 

Article 3 (L) - Definitions of building work

(Law of 5 August 1978 n. 457, Article 31.)

 

1. For the purposes of this Act shall apply:

 

a) "routine maintenance", the building work relating to the works of repair, renewal and replacement of the finish of buildings and those necessary to supplement or maintain the efficiency of the existing technological systems;

b) "extraordinary maintenance", the works and the changes necessary to renew and replace, including structural parts of buildings, as well as to implement and integrate sanitation and technology, does not adversely affect the volumes and surfaces of the individual units real estate and do not involve changes to the destinations in use;

c) "restoration and rehabilitation conservative", the building work aimed to preserve the building structure and to ensure their functionality through a systematic set of works that, in compliance with the typological elements, formal and structural organism itself, it allow intended use compatible therewith. These actions will include the consolidation, restoration and renewal of the constituent elements of the building, the inclusion of additional elements and installations required by its use, the deletion of elements foreign to the body construction;

d) "building renovations," interventions aimed at transforming the building organisms by means of a systematic set of works that can lead to a building structure in whole or in part different from the previous. These actions will include the repair or replacement of some elements of the building, deleting, modifying and adding new elements and systems. As part of the building renovations are included even those involving the demolition and reconstruction with the same volume and shape of the existing, subject only to innovations necessary for the adaptation to anti-seismic regulations;

(Letter as amended by Legislative Decree no. N. 301 of 2002)

e) "interventions of new construction," those of housing and urban transformation of the territory of the categories defined in the preceding paragraphs. Are to be considered as such:

 

e.1) the construction of building elements above ground or underground, or the expansion of existing ones outside of the existing outline, without prejudice to the action appurtenant to letter e.6);

e.2) the interventions of primary and secondary urbanization made by anyone other than the municipality;

e.3) the provision of infrastructure and facilities, also for public services, involving the transformation of idle land on a permanent basis;

e.4) the installation of towers and masts for radio-way radios and repeaters for telecommunications services;

(Point to be considered implicitly repealed by Articles 87 and following of Legislative Decree no. 259 of 2003)

e.5) the installation of light manufactures, also prefabricated, and structures of any kind, such as caravans, campers, mobile homes, boats, which are used as dwellings, workplaces, or as stores, warehouses and the like, and that are intended to satisfy merely temporary;

e.6) actions pertaining to the technical standards of planning instruments, in relation to zoning and environmental and landscape areas, interventions qualify as new construction, or those involving the construction of a volume greater than 20% of the volume of 'main building;

e.7) performance of stocks of goods or materials, the construction of plants for production activities outdoors where involve the execution of works that would result in the permanent transformation of idle land;

 

f) "works of urban restructuring", those aimed at replacing the existing urban fabric-building with other different, through a systematic set of building work, even with the modification of the drawing of lots, the blocks and the road network.

 

2. The definitions referred to in paragraph 1 shall prevail over provisions of planning instruments and general building regulations. It remains the definition of restoration provided for in Article 34 of Legislative Decree 29 October 1999, no. 490 (now Article 29, paragraph 3, of Legislative Decree no. 42 2004 - Ed.)

 

Article 4 (L) - Necessary content of the municipal building regulations

(Law of 17 August 1942 no. 1150 art 33.)

 

1. The regulation that municipalities adopt pursuant to Article 2, paragraph 4, must contain the discipline of construction methods, particularly with regard to compliance with technical and aesthetic, sanitation, safety and livability of the property and appurtenances of the same .

 

1-bis. With effect from 1 January 2011, in the Regulation referred to in paragraph 1, for the issue of the building permit, must be provided for the new buildings, the installation of plants for the production of electricity from renewable sources , so as to guarantee energy production not less than 1 kW for each unit, consistent with the technical feasibility of the intervention. For industrial buildings, surface extension not less than 100 square meters, the minimum energy production is 5 kW.

(Subparagraph as amended by Article 1, paragraph 289, Law no. 244 of 2007, later amended by Article 8, paragraph 4-bis of Law no. 25 of 2010)

 

2. In the event that the City intends to establish the Building Commission, the Regulation sets out the works subject to the prior opinion of this advisory body.

 

Article 5 (R) - One-stop shop for building

(Dl 5 October 1993, n. 398, art. 4, paragraphs 1, 2, 3, 4, 5 and 6, converted by Law of 4 December 1993, n. 493, art. 220, RD 27 July 1934, n. 1265 )

 

1. The municipalities, as part of its organizational autonomy, ensure, also through the exercise in association of the facilities referred to in Chapter V, Title II of the Decree of 18 August 2000, n. 267, or bundling, disarticulation, offices or suppression of existing bodies, to set up an office called the Single Desk for construction, which takes care of all the relationships between the private, the administration and, where appropriate, other relevant government is to vote order in which the request for intervention building permit or commencement notice.

 

2. This office shall in particular:

 

a) upon receipt of complaints login or requests for the issuance of building permits and any other act of assent, however denominated in the field of construction activity, including the certificate of occupancy, as well as of the projects approved by the Superintendent pursuant to and for the purposes of Articles 36, 38 and 46 of Legislative Decree 29 October 1999, no. 490, (now Articles 23, 33 and 39 of legislative decree no. 42 2004 - Ed.)

b) provide information on the matters referred to in paragraph a), including through the preparation of a computer file containing the necessary legislation, which would allow an interested party free access, even electronically, to information on the steps necessary to carrying out the procedures provided for in this Regulation, to the list of applications submitted to the state of their procedural, as well as to all possible information available;

c) the adoption, in the same subjects, the measures on access to administrative documents in favor of any person having an interest in accordance with Article 22 and following of the Law of 7 August 1990, n. 241, as well as the local standards for implementation;

d) the issuance of building permits, certificates of occupancy, as well as certifications of regulatory requirements and determinations provvedimentali in town planning, landscape and environment, housing and any other way relevant for the interventions of building transformation of the territory ;

e) the care of the relations between the municipal authorities, the private sector and other government calls to rule on construction measures or subject matter of the complaint, with particular reference to the obligations arising from the application of Part II of the text only.

 

3. For the issue of the building permit or certificate of occupancy, the office referred to in paragraph 1 acquires directly, where these have not already been attached by the applicant:

 

a) the opinion of the ASL in the event that can not be replaced by a self-certification pursuant to Article 20, paragraph 1;

b) the opinion of the fire, where necessary, in order to respect fire regulations.

 

4. The office by the incumbent also necessary for the acquisition, including by conference services under Articles 14, 14 bis, 14 ter, 14 quater of the Law of 7 August 1990, n. 241, acts of assent, however denominated, necessary for the implementation of the intervention building. In the number of these assents include in particular:

 

a) authorizations and certifications of the relevant technical department of the region, for buildings in seismic areas referred to in Articles 61, 94 and 62;

b) the consent of the military administration for construction in areas adjacent to safeguard works of defense of the state or military establishments referred to in Article 16 of the Law of 24 December 1976, no. 898;

c) the authorization of the Director of the customs district in the case of construction, moves, and changes of buildings in safeguard zones near the customs line and in the territorial sea, pursuant to article 19 of Legislative Decree 8 November 1990 , n. 374;

d) the authorization of the competent authority for construction on land bordering the maritime domain, pursuant to article 55 of the Navigation Code;

e) acts of assent, however denominated, provided for the building work on these buildings in accordance with Articles 21, 23, 24, and 151 of Legislative Decree 29 October 1999, n. 490 (now Articles 20, 21, 22, 29, and 146 of Legislative Decree no. 42, 2004 - ed), provided that, in case of disagreement expressed by the administration in charge of the protection of cultural heritage, we proceed under 'Article 25 of Legislative Decree 29 October 1999, no. 490 (now Article 25 of Legislative Decree no. 42, 2004 - ed);

f) the binding opinion of the Commission for the Protection of Venice, pursuant to article 6 of the Law of 16 April 1973 no. 171, as amended, except in cases where there has been an adjustment to the comprehensive plan provided for in Article 5 of the Act, for construction activity in the Venetian lagoon, as well as in the territory of the historic centers of Chioggia and, ugly and the islands of Pellestrina, Lido and St. Erasmus;

g) the opinion of the competent authority in terms of structure and hydrogeological constraints;

h) the consents relating to easement roads, railways, ports and airports;

i) clearance from the competent authority under Article 13 of the Law of 6 December 1991, no. 394, on the subject of protected natural areas.

 

TITLE II - Securities habilitation

 

Chapter I - General provisions

 

Article 6 (L) - Activities free building

(Law of 28 January 1977, no. 10, art. 9, letter c) thereof. Law 9 January 1989, n. 13, art. 7, paragraphs 1 and 2; decree law 23 January 1982 n. 9, Art. 7, paragraph 4, converted into law March 25, 1982, n. 94)

(Article replaced by Article 5 of Law no. 73, 2010)

 

1. Subject to the requirements of the municipal planning instruments, and in compliance with other relevant legislation affecting the discipline of the building and, in particular, the seismic safety, security, fire, hygienic-sanitary, those relating to energy efficiency and the provisions contained in the code of the cultural heritage and landscape, referred to in Legislative Decree 22 January 2004, n. 42, the following operations are performed without any qualifying title:

 

a) routine maintenance;

b) intervention aimed at eliminating architectural barriers that do not result in the realization of external ramps or lifts, or of artifacts that alter the shape of the building;

c) the temporary works for research activities in the underground which have a geognostic, excluding research activities of hydrocarbons, and are carried out in areas outside the town center;

d) the movement of the earth are closely relevant to the exercise of agriculture and the agro-forestry-pastoral practices, including agricultural interventions on plumbing;

e) the seasonal mobile greenhouses, devoid of masonry structures, functional to the development of agriculture.

(Pursuant to Article 17 of Legislative Decree n. 128 of 2006 «The installation of liquefied petroleum gas storage facilities with a total capacity not exceeding 13 cubic meters is considered, for the purposes of planning and building, free building activities, as governed by 'Article 6 of Presidential Decree 380 of 2001')

 

2. In compliance with those conditions referred to in paragraph 1, upon notice, also by electronic means, the commencement of work by the individual municipal administration, can be performed without any qualifying title the following actions:

 

a) extraordinary maintenance referred to in Article 3, paragraph 1, letter b), including the opening of doors or moving interior walls, unless they relate to the structural parts of the building, do not result in increased the number of housing units and do not involve any increase in the urban parameters;

b) the direct works to meet the objective requirements contingent and temporary and to be removed immediately to cease the need and in any case within a period not exceeding ninety days;

c) works of paving and finishing of outdoor spaces, including parks, which are contained within the permeation rate, if established by the instrument municipal development, including the creation of cavities entirely buried and inaccessible, tanks water collection, local tombati;

d) solar panels, photovoltaic and thermal, without external storage tank at the service of the buildings, to be implemented outside of the area A) of the Decree of the Minister for Public Works April 2, 1968, n. 1444,

e) non-profit recreational areas and the furnishings of the appurtenances of buildings.

 

3. The individual measures referred to in paragraph 2 shall attach to the notice of commencement of work permits may be required in accordance with industry regulations and, limited to measures referred to in subparagraph a) of the same paragraph 2, the identifying information of the which he intends to entrust the implementation of the work.

 

4. Limited to the measures referred to in paragraph 2, letter a), the person concerned, together with the notice of commencement of the work, send to the municipal technical report provided a certain date and be accompanied by appropriate design documents, signed by a qualified technician states that he previously did not have dependency relationships with the company or with the client and that asseveri, under their own responsibility, that the works comply with approved planning instruments and applicable building codes and that they state regulations and Regional does not provide for the issuance of a qualifying title.

 

5. With regard to the actions referred to in this Article, the person concerned shall, in the cases provided by law, the submission of documents to update cadastral within the period referred to in Article 34-d, paragraph 2, letter b) of the Decree-Law January 10, 2006, n. 4, ratified with amendments by Law 9 March 2006, n. 80.

 

6. The ordinary statute regions:

 

a) may extend the scheme referred to in this Article to construction projects other than those referred to in paragraphs 1 and 2;

b) can be identified for further building works, including those referred to in paragraph 2, for which the person is obliged to forward the technical report referred to in paragraph 4;

c) may establish additional content for the technical report referred to in paragraph 4, in compliance with the minimum fixed by that subsection.

 

7. Failure to notify the start of the work or the failure of the technical report, referred to in paragraphs 2 and 4 of this Article, the financial penalty fee of 258 Euros. That penalty is reduced by two thirds if the communication is made spontaneously when surgery is being performed.

 

8. In order to simplify the issuance of the certificate of fire prevention for the activities referred to in paragraphs 1 and 2, the certificate, where applicable, is issued in the ordinary way with the inspection. For the same activity, the limit laid down in the first sentence of Paragraph 2 of Article 2 of the Regulation referred to DPR January 12, 1998, n. 37, is reduced to thirty days.

 

Article 7 (L) - Building activity of public administrations

 

1. Do not apply the provisions of this Title:

 

a) works and public interventions that require for their implementation, the integrated and coordinated action of a number of government where the agreement of the said authorities, reached with the consent of the affected joint, is published in accordance with Article 34, paragraph 4, of Legislative Decree 18 August 2000 n. 267;

b) public works, to be performed by central governments or otherwise insistent on areas of the state land and public works of state interest, to be carried out by the bodies institutionally responsible, or by a concessionaire of public services, subject to verification of compliance with the requirements for planning and building accordance with Presidential Decree April 18, 1994, n. 383, as amended;

c) public works of the municipalities approved by the city council, or by the City Council, assisted by the validation of the project, pursuant to art. 47 of Presidential Decree December 21, 1999, n. 554.

 

Article 8 (L) - Activities of private construction on public lands

(Law of 17 August 1942, n. 1150, Art. 31, paragraph 3)

 

1. The realization on the part of private construction projects on public lands is governed by the provisions of this Act.

 

Article 9 (L) - Construction activity in the absence of urban planning

(Law n. 10 of 1977, art. 4, uc; Law no. 457 of 1978, art. 27, uc)

 

1. Except in the most restrictive limits set by regional laws and in accordance with the rules laid down by the legislative decree of 29 October 1999, no. 490 (now Legislative Decree no. 42, 2004 - ed), in the municipalities without a planning instruments are permitted:

 

a) the operations under letters a), b) and c) of the first subparagraph of Article 3 that relate to individual units or parts of them;

b) outside the perimeter of the towns, the interventions of new construction land within the limits of maximum density of 0.03 cubic meters per square meter, in the case of interventions to target production, land surface may not exceed one-tenth of the of ownership.

 

2. In areas where they have been approved implementation planning tools provided by the general planning instruments as a prerequisite for the building, in addition to the measures described in paragraph 1, letter a), are permitted interventions referred to in subparagraph d) of the first paragraph of 'Article 3 of this Act that relate to individual units or parts of them. These last works are also permitted where they relate to globally modify one or more buildings and up to 25 percent of pre-existing destinations, provided that the permit holder undertakes, with recorded document in favor of the town and expense of the person concerned, in practice, limited to the percentage retained for residential use, sale prices and rents agreed with the municipality and to contribute in infrastructure costs referred to in Section II of Chapter II of this Title.

 

Chapter II - Permission to build

 

Section I - Concept and characteristics

 

Article 10 (L) - Interventions subject to planning permission

(Law no. 10 of 1977, art. 1; Law of 28 February 1985, no. 47, art. 25, paragraph 4)

 

1. Constitute intervention of urban renewal and building of the territory and are subject to planning permission:

 

a) action of new construction;

b) the interventions of urban restructuring;

c) building renovations that will lead to a building structure in whole or in part different from the previous, and result in increase in housing units, changes the volume, shape, prospects or areas, or that, limited to properties included in the A homogeneous areas, involving changes in the intended use.

(Letter as amended by Legislative Decree no. N. 301 of 2002)

 

2. The regions with the law establish what changes, connected or not connected to the physical changes, the use of buildings or parts thereof, shall be subject to planning permission or notice of commencement of business.

 

3. Regions may also identify further actions that by law, in relation to the incidence on the territory and urban load, are subject to the prior issuance of building permits. Violation of the provisions enacted regional under this paragraph is without the application of penalties laid down in Article 44.

 

Article 11 (L) - Features of the building permit

(Law of 28 January 1977, no. 10, art. 4, paragraphs 1, 2 and 6; Law of 23 December 1994, n. 724, art. 39, paragraph 2)

 

1. The building permit is issued to the owner of the property or who is entitled to claim it.

 

2. The building permit is transferable, together to the property, to the successors or assigns. It does not affect the ownership of the property or other real rights on buildings designed to effect his release. E 'is irrevocable and consideration within the meaning of Article 16.

 

3. The issuance of the building permit does not limit the rights of third parties.

 

Article 12 (L) - Conditions for the issuance of the building permit

(Article 4, paragraph 1 of Law no. 10 of 1977, art. 31, paragraph 4 of Law no. 1150, 1942, art. Law only 3 November 1952, n. 1902)

 

1. The building permit is issued in accordance with the provisions of planning instruments, building regulations and discipline of planning and building regulations.

 

2. The building permit is however subject to the existence of the primary infrastructure works or the provision by the municipality for implementing the same in the next three years, amounting to the commitment of parties to proceed with implementation of the same object at the same time the implementation of the intervention the permit.

 

3. In case of conflict intervention which the application for building permit with the predictions of planning instruments adopted, shall be suspended any decision in relation to the application. The safeguard measure shall not take effect three years after the date of adoption of the planning instrument, or five years in the event that the planning instrument has been subjected to the competent administration approval within one year from the end of the stage of publication.

 

4. At the request of the mayor, and for the same period, the president of the regional council a reasoned decision to be notified to the person concerned, may order the suspension of operations of urban renewal and building of the territory that is likely to affect or make it more burdensome l ' implementation of planning instruments.

 

Article 13 (L) - Jurisdiction to issue the building permit

(Law of 28 January 1977, no. 10, art. 4, paragraph 1; Leg. Aug. 18, 2000, no. 267, art.107 and 109; law August 17, 1942, n. 1150, art. 41-quater)

 

1. The building permit is issued by the manager or the appropriate municipal office in compliance with the laws, regulations and planning instruments.

 

2. The region regulates the exercise of the powers of substitution referred to in Article 21, paragraph 2, for the case of non-issuance of the building permit within the time allowed.

 

Article 14 (L) - Permission to build in derogation planning instruments

(Law of 17 August 1942 no. 1150 art. 41-quater, Legislative Decree no. N. 267 of 2000, art. 42, paragraph 2, letter. B) Law of 21 December 1955, no. 1357 art. 3)

 

1. Permission to build in derogation from the general planning instruments shall only be issued for buildings and public facilities or public interest, subject to a resolution of the council, while still complying with the provisions of the legislative decree of 29 October 1999, no. 490 (now Legislative Decree no. 42, 2004 - ed) and other relevant legislation affecting the discipline construction activity.

 

2. Initiating the procedure shall be notified to those concerned within the meaning of Article 7 of the Law of 7 August 1990, n. 241.

 

3. The derogation in accordance with the rules of hygiene, health and safety, can not go beyond the limits of building density, height and distance between the buildings at the legislative implementation of planning instruments and executive general, subject in each case the compliance with the provisions of Articles 7, 8 and 9 of the Ministerial Decree of 2 April 1968 n. 1444.

 

Article 15 (R) - Effectiveness and decadence of the building permit

(Law of 28 January 1977, no. 10, art. 4, paragraphs 3, 4 and 5; law August 17, 1942 n. 1150 art. 31, paragraph 11)

 

1. In building permit shows the terms of start and completion of the work.

 

2. The deadline for the start of work may not exceed one year after issuance of the license, to completion, within which the work must be completed not exceed three years from the beginning of the work. Both terms may be extended, with due provision for supervening events beyond the control of the permit holder. After the expiry of such terms permit is automatically void to the extent not performed, except that, prior to maturity may request an extension. The extension may be granted, with due provision, exclusively in consideration of the size of the artwork or its particular technical-constructive, or in the case of public works for which funding is provided for in several financial years.

 

3. The initial implementation of the intervention is not completed within the prescribed period is subject to the issuance of new permit for the works to be made, unless the same are not included among those achievable by means of notice of commencement of activities pursuant to Article 22. This will include, where necessary, to recalculate the contribution of construction.

 

4. The permit will expire at the entry into force of contrasting urban forecasts, unless the work has already begun and should be completed within a period of three years from the start date.

 

Section II - Contribution of construction

 

Article 16 (L) - Contribution to the issuance of the building permit

 

 

1. Without prejudice to Article 17, paragraph 3, of the issuance of the building permit involves the payment of a contribution in proportion to the incidence of infrastructure costs as well as the cost of construction, according to the methods described in this article.

 

2. The share of its contribution to infrastructure costs must be paid to the municipality at the time of the issuance of the building permit and, upon request, can be paid in installments. To offset the whole or part of the amount due, the permit holder may undertake to carry out works of urbanization, in compliance with Article 2, paragraph 5, of the Law of 11 February 1994, n. 109, as amended, (now art. 32, paragraph 1, lett. G) and Art. 122, paragraph 8, of Legislative Decree no. N. 163 of 2006 - ed) the procedures and safeguards laid down by the municipality, resulting in the acquisition of works made unavailable to the heritage of the town.

(Paragraph as amended by Legislative Decree no. N. 301 of 2002)

 

3. The share of its contribution to the construction cost, determined at the time of release, is paid during construction, with the procedures and safeguards laid down by the municipality, not later than sixty days after the completion of the construction.

(For the rescheduling see Article 47 of Law no. 457 of 1978)

 

4. The incidence of primary and secondary urbanization costs is established by resolution of the city council according to the tables parameter that defines the region for common classes in relation to:

 

a) the amplitude and demographic trends of the municipalities;

b) the geographical features of the municipalities;

c) to destinations in the area provided for in the existing planning instruments;

d) the limits and mandatory minimum ratios set under Article 41-d, penultimate and last paragraphs of the Law of 17 August 1942 no. 1150 and subsequent amendments and additions, as well as regional laws.

 

5. In the case of non-parametric definition of the tables from the region and to the definition of the tables themselves, municipalities shall, on a provisional basis, by resolution of the city council.

 

6. Every five years, the municipalities shall upgrade the infrastructure costs to primary and secondary education, in accordance with the relevant regional provisions in relation to the findings and the estimated costs of urbanization primary, secondary and general.

 

7. The primary infrastructure costs are related to the following: residential streets, parking areas or parking, sewers, water mains, distribution network for electricity and gas, public lighting, green spaces equipped.

(Between the primary infrastructure works are included in the electronic communications infrastructure for radio installations and works relating, under Article 86, paragraph 3, of Legislative Decree no. 259 of 2003)

 

7-a. Among the interventions of primary urbanization referred to in paragraph 7 are the multi-shafts and conduits for the passage of telecommunications networks, except in areas identified by the municipalities on the basis of criteria defined by the regions.

(Paragraph introduced by Article 40, paragraph 8, of Law no. 166 of 2002)

 

8. The infrastructure costs are secondary relative to the following: nursery schools and nursery schools, primary schools as well as facilities for higher education and complex obligation, neighborhood markets, municipal delegations, churches and other religious buildings, sports facilities district, neighborhood parks, community centers and cultural facilities and health. Health facilities are included in the works, buildings and installations for the disposal, recycling or disposal of municipal waste, special, hazardous, solid and liquid, the remediation of polluted areas.

 

9. The cost of construction for new buildings shall be determined periodically by the regions with reference to the maximum eligible costs for subsidized housing, as defined by the regions themselves in accordance with the letter g) of the first paragraph of Art. 4 of the Law of 5 August 1978 n. 457. By the same measure regions identify classes of buildings with characteristics superior to those considered in the current legal provisions for subsidized housing, for which there are certain surcharges said the cost of building an extent not exceeding 50 per cent. In the periods between the regional determinations, or in the absence of any such determination, the construction cost is adjusted annually, and independently, because dell'intervenuta variation of construction costs established by the National Institute of Statistics (ISTAT). The contribution relating to building permit includes a portion of that cost, which varies from 5 percent to 20 percent, which is determined by the regions according to the characteristics and types of buildings and their location and destination.

 

10. In the case of interventions on existing buildings the construction cost is determined in relation to the cost of the interventions themselves, as identified by the municipality according to the plans submitted for the building permit. In order to encourage the recovery of existing buildings, for building renovations in Article 3, paragraph 1, letter d), municipalities have the discretion to decide that the costs of construction relating thereto shall not exceed the determined values for new construction pursuant to paragraph 6 (read "paragraph 9" - Ed.)

 

Article 17 (L) - Reduction or exemption from the contribution of construction.

(Law of 28 January 1977 n. 10, Art. 7, paragraph 1, 9, 23 January 1982 dl, n. 9, Art. 7:09, converted into law March 25, 1982, no. 94; Law of 24 March 1989 n . 122, art. 11; Law 9 January 1991, n. 10, art. 26, paragraph 1, Law 662 of 1996, art. 2, paragraph 60)

 

1. In the case of housing agreement relating also to existing buildings, the contribution relating to building permit is reduced only to the share of infrastructure costs if the permit holder is committed by means of an agreement with the municipality to apply prices sale and lease payments determined under standard agreement provided for in Article 18.

 

2. The contribution to the creation of the first dwelling is equal to that established for the corresponding public housing, provided that the requirements set out in sectoral legislation.

 

3. The contribution of construction is due to:

 

a) for projects to be implemented in agricultural areas, including residences, depending on the management of the fund and the needs of the farmer as their main occupation within the meaning of Article 12 of the law of 9 May 1975, no. 153; (Article 12 of Law no. 153 of 1975 was repealed by Article 1, paragraph 5, of Legislative Decree no. 99 of 2004; see now Article 1, paragraph 1 of Legislative Decree no. 99 2004 and Article 2135 of the Civil Code)

b) for the renovation and expansion to an extent of more than 20% of single-family buildings;

c) for facilities, equipment, public works or public interest activities carried out by the competent institutional bodies as well as for the infrastructure works, performed also by private parties, implementation of planning instruments;

d) for measures to be implemented in application of standards or regulations issued following a public calamity;

e) for new plants, works, modifications, installations, related to renewable energy, preservation, conservation and rational use of energy, in compliance with the zoning regulations, protection of historical and artistic environment.

 

4. For interventions to be carried out on property owned by the state's contribution to construction is commensurate with the incidence of sun urbanization.

 

Article 18 (L) - Convention-type

(Law of 28 January 1977, no. 10, art. 8; Law of 17 February 1992, n. 179, art. 23, paragraph 6)

 

1. For the issue of the building permit for interventions in housing referred to in Article 17, paragraph 1, the region approves a model convention, with which they are established criteria and parameters defined mechanisms tabular classes municipalities, which must conform to the conventions as well as acts of communal obligation essentially in order to:

 

a) an indication of the characteristics and construction of housing;

b) the determination of the transfer prices of housing, based on the cost of the areas, as defined in the next paragraph, the construction and infrastructure works, as well as overheads, including those for the design and pre-amortization charges and financing;

c) the determination of the lease payments as a percentage of the value derived from the prices fixed for the sale of homes;

d) the period of validity of the agreement not more than 30 and not less than 20 years.

 

2. The region establishing criteria and parameters for determining the cost of the areas, to such an extent that its incidence does not exceed 20 percent of the cost of construction as defined in accordance with Article 16.

 

3. The permit holder may request that the cost of the areas, for the purposes of the Convention, is determined as the value defined at the time of transfer of ownership occurred in the five years prior to the date of the agreement.

 

4. The sale prices and rents in certain covenants under the first subparagraph shall be subject to periodic variations with a frequency not less than two years, in relation to the official ISTAT index of construction costs occurring after the signing of the conventions themselves.

 

5. Any agreements entered into in violation of the selling prices and rents is nothing for the excess.

 

Article 19 (L) - Contribution of construction works or facilities not intended for residence

(Law of 28 January 1977, no. 10, art. 10)

 

1. The building permit relating to construction or equipment intended for industrial or artisanal activities aimed at the transformation of goods and the provision of services involves the payment of a contribution equal to the incidence of urbanization, those necessary for the processing and disposal of solid waste , liquid and gaseous fuels and those necessary for the accommodation of the places where they have altered characteristics. The incidence of such works shall be established by resolution of the city council on the basis of parameters that defines the region with the criteria referred to in paragraph 4, letters a) and b) of Article 16, and in relation to the types of productive activity.

 

2. The building permit relating to construction or installations intended for tourist activities, and office or the performance of services involves the payment of a contribution equal to the impact of urbanization, as determined by Article 16, as well as a share of no more 10 per cent of the documented cost of construction to be determined, in relation to different types of activities, with a resolution of the council.

 

3. If the intended use of the works indicated in the preceding paragraphs, as well as those in agricultural areas contained in Article 17 is, however, changed in the ten years following the finalization of the work, the contribution of construction is due to the maximum extent corresponding to the new destination, determined with reference to the time variation dell'intervenuta.

 

Section III - Procedure

 

Article 20 (R) - The procedure for the issuance of the building permit

(Dl 5 October 1993, n. 398, art. 4, paragraphs 1, 2, 3 and 4, converted by Law of 4 December 1993, n. 493)

 

1. The application for the issuance of the building permit, signed by one of the parties entitled under Article 11 shall be submitted at the counter only accompanied by a certificate concerning the proof of identity, the construction documents required by the building code, and when the conditions are satisfied, any other documents as required by Part II, as well as a self about the project's compliance with sanitation standards if the project is in construction operations or residential in order to verify such compliance does not involve technical evaluations -discretionary.

 

2. The single point communicates to the applicant within ten days the name of the head of the procedure in accordance with 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, the head of the procedure carries out the preliminary, acquires, using the one-stop, the prescribed opinions by municipal offices, as well as the opinions referred to in Article 5, paragraph 3, provided that the same are not already been attached to the application of the applicant and, having assessed the compliance of the project with the current legislation, formulating a draft measure, accompanied by a detailed report, with appropriate technical qualification required legal intervention.

 

4. The person in charge of the proceedings, if it considers that the purpose of issuing the building permit is necessary to make minor modifications to the original project, it may, in the same period referred to in paragraph 3 of such changes, and explain the reasons. The person concerned shall decide on the request for amendment within the deadline and, in the case of accession shall be 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 interrupted only once by the head of the procedure, within fifteen days from the submission of the application, exclusively for the motivated request of documents that complement or supplement the documentation submitted and that are not already in the availability of the administration or that it can not acquire its own. In this case, the term shall begin to run from the date of receipt of the documentation.

 

6. In the event that, for the purposes of implementation of the intervention, it is necessary to acquire acts of assent, however denominated, other governments, other than those referred to in Article 5, paragraph 3, the competent office shall convene a conference of municipal services pursuant to Articles 14, 14 bis, 14 ter, 14 quater of the Law of 7 August 1990, n. 241, as amended. In the case of public works incidents of cultural goods, the provisions of Article 25 of Legislative Decree 29 October 1999, no. 490 (now Article 25 of Legislative Decree no. 42 2004 - Ed.)

 

7. The final measure, which the OSS shall notify the person concerned, be adopted by the executive or by the head office, within fifteen days from the proposal referred to in paragraph 3, or outcome of the conference of the services referred to in paragraph 6 . Dell'avvenuto issuance of the building permit is disclosed to the public by posting praetorian. The extremes of the building permit are indicated in the cartel exposed at the yard, in the manner prescribed by the building code.

 

8. The periods referred to in paragraphs 3 and 5 are doubled for municipalities with more than 100,000 inhabitants, as well as for particularly complex projects in accordance with the resolution of the reasons responsible for the procedure.

 

9. After expiry of the deadline for the adoption of the final measure, the demand for building permit is meant format the implied rejection.

 

10. The procedure established by this Article shall also apply to the procedure for the issuance of the building permit notwithstanding planning instruments, following the approval of the Board resolution referred to in Article 14.

 

10-bis. The deadline for the issuance of the building permit for the actions referred to in Article 22, paragraph 7, is sixty days from the date of submission of the application.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 21 (R) - Intervention replacement regional

(Dl 5 October 1993, n. 398, art. 4, paragraphs 5 and 6, converted by Law of 4 December 1993, n. 493)

 

1. In case of failure to adopt, within the period prescribed in Article 20, the final measure of the proceedings for the issuance of the building permit, the applicant may, by a notification or transmitted in bend letter with acknowledgment of receipt, to request the OSS the director or supervisor of the office referred to in Article 13 to rule within fifteen days of receipt of the application. Of this instance is reported to the mayor by the head of the procedure. Remains, however, retains the right to seek judicial review the implied rejection formed on the application for a permit to build.

 

2. After expiry of the term also referred to in paragraph 1, the person concerned may submit a request for intervention replacement to the competent regional body, which, in the next fortnight, appoint an ad acta commissioner who shall within sixty days. If no action even this last term, on the question of intervention means substitute formed the implied rejection.

 

Chapter III - Termination login

 

Article 22 (L) - Interventions subject to commencement notice

(Dl 5 October 1993, n. 398, art. 4, paragraphs 7, 8, converted by Law of 4 December 1993, n. 493; Decree of 25 March 1997, n. 67, art. 11, ratified by Law 23 May 1997 No. 135; Leg. Oct. 29, 1999, n. 490, Part I Articles. ss 34 and 149)

(Article as replaced by Legislative Decree no. N. 301 of 2002)

 

1. Are achievable by means of notice of commencement of activity interventions not related to the list referred to in Article 10 and Article 6, which are in conformity with the provisions of planning instruments, building regulations and discipline of planning and building regulations.

 

2. They are also achievable through commencement notice the variations in building permits that do not affect the planning parameters and volumes, which do not alter the intended use and the building category, do not alter the shape of the building and does not violate the any provisions contained in the building permit. For the purposes of the supervisory planning and construction, as well as for the purpose of issuing the certificate of occupancy, such complaints logon form an integral part of the proceedings in the main building permit intervention and can be submitted before the declaration of completion of works.

 

3. As an alternative to building permit can be made by complaint to login:

 

a) the restructuring referred to in Article 10, paragraph 1, letter c);

b) intervention of new construction or renovation planning if they are governed by implementation plans, however denominated, including negotiated agreements having the value of the implementation plan, containing specific provisions plano-volumetric, typological, formal and construction, whose existence has been explicitly declared by the competent municipal body when approving these plans or those of reconnaissance in force, and if found to the implementation plans approved before the entry into force of the Law of 21 December 2001, n. 443, its recognition act must take place within thirty days of the request of the parties concerned, in the absence of recognition is independent of the Act, provided that the construction project is accompanied by a special technical report is sworn in as the existence of implementation plans with characteristics mentioned above;

c) the interventions of new construction if they are in direct execution of general planning instruments bearing specific provisions plano-volumetric.

 

4. The regions with ordinary statute law may expand or reduce the scope of the provisions of the preceding paragraphs. There remain, however, subject to the penalties provided for in Article 44.

 

5. The actions referred to in paragraph 3 shall be subject to the contribution of construction in accordance with Article 16. The regions can be identified by a law other interventions subject to notice of commencement of activities, other than those referred to in paragraph 3, subject to the contribution of construction by establishing criteria and parameters for its determination.

 

6. The implementation of the measures referred to in paragraphs 1, 2 and 3, which relate to listed buildings or art-historical landscape and environment, is subject to prior authorization or issue the notice required by the relevant statutory provisions. Under the rules of protection falls, in particular, the provisions of Legislative Decree 29 October 1999, no. 490 (now Legislative Decree no. 42 2004 - Ed.)

 

7. It is prejudice to the right of the person to ask for the release of building permit for the construction of the actions referred to in paragraphs 1 and 2, with no obligation to pay the contribution and manufacturing schedule referred to in Article 16, except as provided in the second sentence paragraph 5. In this case the breach of discipline planning and building does not involve the application of penalties laid down in Article 44 and subject to the application of penalties laid down in Article 37.

 

Article 23 (paragraphs 3 and 4 L - R paragraph 1, 2, 5, 6 and 7) - Discipline of commencement notice

(Art. 19 of the Law of 7 August 1990, n. 241; dl 5 October 1993, n. 398, art. 4, paragraphs 8-bis, 9, 10, 11, 14, and 15)

(Article as replaced by Legislative Decree no. N. 301 of 2002)

 

1. The owner of the property or who is entitled to present the commencement notice at least thirty days prior to the actual start of work, to the counter only to the complaint, accompanied by a detailed report signed by a qualified designer and processed by the appropriate project, which asseveri the conformity of works to be executed planning instruments approved and not in conflict with those adopted building codes and regulations, and compliance with safety standards and those sanitation.

 

2. The commencement notice is accompanied by an indication of the company which you want to assign the work and is subject to the maximum period of effectiveness equivalent to three years. The realization of the non-completion of the project is subject to complaint. The person concerned is obliged to notify the OSS the date of completion of the work.

 

3. If the property for which the intervention is subjected to a constraint whose protection is a matter, even in the process of delegation, the same administration, a period of thirty days referred to in paragraph 1 shall begin issuing of the relevant act of consent. If such an act is not favorable, the complaint is void.

 

4. If the property for which the intervention is subjected to a constraint whose protection is not for the municipal administration, where the approval of the person in charge of protection is not attached to the complaint, the competent office shall convene a conference of municipal services within the meaning of Articles 14, 14 bis, 14 ter, 14 quater, dated 7 August 1990, n. 241. The period of thirty days referred to in paragraph 1 shall be calculated by the outcome of the conference. If the outcome is not favorable, the complaint is void.

 

5. The existence of the title is proven with a copy of the notice of commencement of activities showing the date of receipt of the complaint, the list of what has been presented in support of the project, the certification of a qualified professional, as well as acts of consent may be required.

 

6. The director or supervisor of the appropriate municipal office, if within the period referred to in paragraph 1 has been noted the absence of one or more of the conditions laid down, notification to the order motivated not to perform the expected action and, in the case of false certificate of a qualified professional, notify the requesting court and the Bar Council of belonging. However, save the right to resubmit the notice of commencement of business, with any changes or additions necessary to make it compliant with planning and construction.

 

7. Completed the intervention, the designer or an engineer issue a certificate of final inspection, which must be submitted to the one-stop shop, with which it attests conformity of the work to the project submitted with the notice of commencement of business. At the same has received the filing of the variation resulting cadastral works made or a statement that they did not result in changes in the classamento. In the absence of such documentation the sanction referred to in Article 37, paragraph 5.

(Subparagraph as amended by Article 1, paragraph 558, Law no. 311 of 2004)

 

TITLE III - Ready accessibility of buildings

 

Chapter I - Certificate of occupancy

 

Article 24 (L) - Certificate of occupancy

(RD July 27, 1934, n. 1265, Articles. 220, 221, paragraph 2; Leg. Aug. 18, 2000, no. 267, Articles 107 and 109; Law of 28 February 1985, no. 47, art. 52, paragraph 1)

 

1. The certificate of occupancy certifies that the conditions of safety, hygiene, health, energy savings in buildings and facilities installed in the same, as has assessed the current legislation.

 

2. The certificate of occupancy is issued by the director or manager of the relevant municipal office with reference to the following:

 

a) new buildings;

b) reconstructions or elevations, total or partial;

c) the existing building which may affect the conditions referred to in paragraph 1.

 

3. With regard to the actions referred to in paragraph 2, the subject of the building permit holder or the person who submitted the complaint to login, or their successors or assigns, are required to obtain the certificate of occupancy. Failure to submit the question involves the application of a fine of between 77 to 464 Euros.

 

4. The application for the issuance of the certificate of occupancy must be accompanied by a copy of the declaration submitted for registration in land, prepared in accordance with the provisions of Article 6 of Royal Decree-Law of 13 April 1939, n. 652 and subsequent amendments and additions.

 

Article 25 (R) - The procedure for obtaining a certificate of occupancy

(Presidential Decree 22 April 1994, n. 425; law November 5, 1971, n. 1086, Articles. 7 and 8)

 

1. Within fifteen days from completion of finishing works of the intervention, the person referred to in Article 24, paragraph 3, is required to present the one-stop application for issuance of the certificate of occupancy, accompanied by the following documentation:

 

a) request for stacking the building, signed by the applicant for the certificate of occupancy, the single point that will transmit at the Land Registry;

b) a declaration signed by the applicant for the certificate of occupancy of the work conformity to the approved project, and in order to prosciugatura occurred in the walls and healthy environments;

c) a statement of the install which attests the conformity of the equipment installed in buildings for civil use with the requirements laid down in Articles 113 and 127, Article 1 of the Law of 9 January 1991, n. 10, or test certificate of the same, if so required, or even certification of conformity of the systems referred to in Articles 111 and 126 of this Act.

 

2. The single inform the applicant, within ten days of receipt of the application referred to in paragraph 1, the name of the head of the procedure in accordance with Articles 4 and 5 of the Law of 7 August 1990. 241.

 

3. Within thirty days of receipt of the application referred to in paragraph 1, the director or supervisor of the appropriate municipal office, subject to any building inspection shall issue the certificate of occupancy occurred the following documentation:

 

a) static test certificate referred to in Article 67;

b) a certificate of the competent technical department of the region, referred to in Article 62 attesting the conformity of executed works in seismic areas with the provisions of Chapter IV of Part II;

c) the documentation referred to in paragraph 1;

d) statement of compliance of the works with local regulations regarding accessibility and architectural barriers referred to in Article 77 and Article 82.

 

4. After the period referred to in paragraph 3, the practicability means attested in the case of ASL has been issued the opinion referred to in Article 5, paragraph 3, letter a). In the case of self-declaration, the deadline for the formation of silent consent is sixty days.

 

5. The period referred to in paragraph 3 may be interrupted only once by the head of the procedure, within fifteen days of the request, exclusively for the request for additional documentation, that is not already in the availability of the administration or can not be acquired independently. In this case, the term of thirty days shall begin to run from the date of receipt of the documentation.

 

Article 26 (L) - Declaration of unfitness

(R.D. 27 July 1934, n. 1265, art. 222)

 

1. The issuance of the certificate of occupancy does not prevent the exercise of the power of declaration of inaccessibility of a building or part thereof in accordance with Article 222 of the Royal Decree of 27 July 1934 no. 1265.

 

TITLE IV - Supervision of planning and building, liability and sanctions

 

Chapter I - The Supervision of and responsibility for planning and building

 

Section 27 (L) - Supervision of planning and building

(Law 28 February 1985, no. 47, art. 4; Leg. Aug. 18, 2000, no. 267, art.107 and 109)

 

1. The director or supervisor of the appropriate municipal office also exercises in the manner prescribed in the statutes or regulations of the institution, supervision on the activities in the municipal planning and building to ensure compliance with laws and regulations, the requirements of planning instruments and the operating procedures laid down in the certificates of permission.

 

2. The director or supervisor, if it is satisfied the beginning or the execution of works carried out without title of subject areas, from federal, state or other zoning regulations enacted or adopted, a constraint inedificabilità, or intended for works and public spaces or interventions of public housing by the Law of 18 April 1962, n. 167, and subsequent amendments and additions, as well as in all cases of non-conformity with the requirements of the zoning regulations and planning instruments provides for the demolition and restoration of the locations. In the case of areas subject to protection under the RD December 30, 1923, n. 3267, or belonging to the goods covered by the Law of 16 June 1927 no. , 1766, and of the areas referred to in Legislative Decree 29 October 1999, no. 490 (now Legislative Decree no. 42 2004 - Ed.) the manager provides for the demolition and restoration of the locations, with prior notice to the competent authorities which may possibly intervene for the purpose of breaking up, on their own initiative. For works carried out illegally on buildings declared national monument with measures having the force of law or declared to be of particular importance in accordance with Articles 6 and 7 of Legislative Decree 29 October 1999, no. 490 (now Articles 13 and 14 of Legislative Decree n. 42, 2004 - editor's note) or assets of archaeological interest, as well as for the works carried out illegally on property subject to lien or total ban on building in pursuance of the provisions of Title II of Legislative Decree October 29, 1999, n. 490 (now Part III of Legislative Decree no. 42, 2004 - ed), the Superintendent, at the request of the region, the municipality or other authority responsible for the protection, ie once the period of 180 days after the offense, proceeds the demolition, also using the operating modes referred to in paragraphs 55 and 56 of Article 2 of the Law of 23 December 1996, n. 662.

(Subparagraph as amended by Article 32, paragraphs 44, 45 and 46 of law no. 326 of 2003)

 

3. Stop staying the hypothesis provided for in paragraph 2 above, if it is found, the relevant municipal office ex officio or upon complaint of the citizens, failure to comply with the rules, regulations and rules referred to in paragraph 1, the director or supervisor of ' office, order the immediate suspension of the works, which take effect until the adoption of the final measures set forth in articles, to adopt and notify within forty-five days from the order of suspension of work. Within the next fifteen days of the notification, the director or supervisor of the office, by order of the mayor, may proceed to the seizure of the yard.

(Subparagraph as amended by Article 2, paragraph 348, Law no. 244 of 2007)

 

4. The officers and agents of the judicial police, where in places where the work is performed is not performed for permission to build, or does not bear the prescribed notice, or in all other cases of alleged breach of planning and building, they immediately inform judicial authority, to the relevant regional body and the head of the competent municipal office, which occurs within thirty days of the regularity of the works and has subsequent acts.

 

Article 28 (L) - Supervision of works of the Civil Service

(Law 28 February 1985, no. 47, Art. 5; Leg. Aug. 18, 2000, no. 267, art.107 and 109)

 

1. For the works carried out by governments, the case of the assumptions referred to in Article 27, the competent authority responsible for the municipal office shall immediately inform the region and the Ministry of Infrastructure and Transport, which is responsible, in consultation with the president of the regional level, the adoption of the measures provided for in the said article 27.

 

Article 29 (L) - Responsibilities of the holder of the building permit, the customer, the manufacturer and the construction manager, and also the designer for the works subject to commencement notice

(Law 28 February 1985, no. 47, art. 6; dl April 23, 1985, no. 146, art. 5-bis, converted into Law of 21 June 1985, n. 298; dl 5 October 1993, n. 398, art . 4, paragraph 12, converted by Law of 4 December 1993, n. 493; Leg. Aug. 18, 2000, no. 267, art.107 and 109)

 

1. The holder of the building permit, the developer and the manufacturer are responsible for the purposes and for the purposes of the rules contained in this Chapter, the conformity of works to the town planning legislation, the business plan and, together with the project manager, to those the permit and the operating procedures laid down by that. They are also required to pay financial penalties and severally liable for the expenses of running in damage, in case of demolition of illegally built works, except that prove not to be responsible for the abuse.

 

2. The project manager is responsible if he has not challenged the other subjects breach of the provisions of the building permit, except for variations in the process, providing the manager or the appropriate municipal office contemporary and explain the reasons for the violation. In cases of total deviation or variation with respect to the essential building permit, the project manager must also renounce the assignment together with the communication made to the manager. Otherwise, the executive reports to the board of the professional membership of the violation that is committed by the director of the work, which is punishable by suspension from the professional from three months to two years.

 

3. For works made on submission of notice of commencement of business, the designer assumes the quality of a person necessary public service operator in accordance with Articles 359 and 481 of the Penal Code. In case of false statements in the report referred to in Article 23, paragraph 1, the administration shall inform the appropriate professional association for the imposition of disciplinary sanctions.

 

Chapter II - Sanctions

 

Article 30 (L) - Development abusive

(Law 28 February 1985, no. 47, art. 18, dl 23 April 1985, n. 146, Art. 1, paragraph 3-bis and 7 bis, Legislative Decree no. Aug. 18, 2000, no. 267, art .107 and 109)

 

1. It is illegal allotment of land for the purpose structure built when they started work involving urban transformation or building land themselves in violation of the requirements of planning instruments in force or adopted, or otherwise established by the state or regional laws or without the required authorization, as well as when this transformation is prepared through fractionation and sale, or equivalent acts, the land in plots that, for their characteristics such as the size in relation to the nature of the ground and to its destination according to the planning instruments, the number, location or the possible provision of infrastructure works and with respect to related items to buyers, denounce unequivocally the target structure built for the purpose.

 

2. The acts inter vivos, whether public or in private, involving transfer or the creation or dissolution of the communion of rights in rem relating to land are void and may not be underwritten or transcribed in the public register if it is not attached to the papers themselves the target certificate containing the requirements of urban planning on the affected area. The provisions of this paragraph shall not apply if the land constituting appurtenances of buildings surveyed in the new land registry, provided that the total surface area pertaining to the same is less than 5,000 square meters.

 

3. The certificate of location permit must be issued by the director or manager of the relevant municipal office within a maximum of thirty days from submission of the request. It shall remain valid for one year from the date of issue if, for the declaration of the transferor or one of condividenti, there have been no amendments to the planning instruments.

 

4. In case of failure to issue the said certificate within the prescribed period, it can be replaced by a statement of the transferor or one of condividenti attests to the submission of the application, as well as the urban use of land in accordance with the planning instruments in force or adopted, or the absence of these or the prescription by the general planning instrument approved, the implementation tools.

 

4-bis. The acts referred to in paragraph 2, which have not been attached certificates of urban destination, or that do not contain the statement referred to in paragraph 3, may be confirmed or integrated by a single party or his assigns, by act public or authenticated, to which is attached a certificate that contains the requirements relating to the urban areas involved in the day when the deed containing the declaration to confirm or omitted.

(Paragraph added to Article 12, paragraph 4 of Law no. 246 of 2005; See also paragraph 5, by which "can be confirmed, in accordance with the provisions introduced by paragraph 4, also acts developed prior to the date of entry into force of this Act, provided that the nullity has not been confirmed by a judgment which has become final before that date ", and paragraph 6 which states that" for the acts trained abroad, the provisions of Articles 30 and 46 of Single Text of the Presidential Decree of 6 June 2001 n. 380, as amended, shall apply when the deposit with the notary and the resulting information may be included in the minutes ")

 

5. The splits for land can not be approved by the agency of the territory if it is not accompanied by a copy of the type which shows, for a certification of the municipal offices, the same type have been filed with the town.

 

6. (Repealed by Article 1, paragraph 1, of Presidential Decree 304 of 2005)

 

7. In the event that the director or supervisor of the appropriate municipal office determines the performance of allotment of land for the purpose structure built without the required authorization by order of the areas to be notified to the owners and other persons referred to in paragraph 1 of Article 29, it orders the suspension. The measure requires the immediate interruption of the works in progress and the prohibition to dispose of the soil and of the works themselves by acts inter vivos, and must be transcribed to this end in the land register.

 

8. After ninety days, if not reached on the withdrawal of the measure referred to in paragraph 7, the areas are parceled acquired right to the available assets of the municipality of which the manager or head of the office must provide for the demolition of the works. In the event of inaction by the provisions relating to the powers of substitution referred to in Article 31, paragraph 8.

 

9. The acts involving lots of land, for which it was issued the warrant provided for in paragraph 7, are null and void and can not be reached, nor whether publicly or in private, after the transcript referred to in that paragraph and before the its being removed or the ineffectiveness of the measure of the manager or person in charge of the appropriate municipal office.

 

10. The above provisions shall apply to acts entered into and to splits available to appropriate land registry office after March 17, 1985, and do not apply, however, to the hereditary divisions, donations between spouses and between parents in a straight line and wills, as well as the instruments of incorporation, modifying or extinguish rights in rem guarantee and servitude.

 

Article 31 (L) - Interventions carried out in the absence of permission to build, in total or discrepancy with essential changes

(Law 28 February 1985, no. 47, art. 7; dl April 23, 1985, no. 146, art. 2, converted into Law of 21 June 1985, n. 298; Leg. Aug. 18, 2000, no. 267, art.107 and 109)

 

1. Interventions are performed in total building permit deviations from those involving the construction of a building structure entirely different typological, planovolumetriche or use the one covered by the permit itself, or the execution of building volumes beyond the limits stated in the project and such as to constitute a building structure or part of it with specific relevance and independently usable.

 

2. The director or supervisor of the appropriate municipal office, confirmed the execution of interventions in the absence of permission, in total divergence from the same, or with essential changes as determined in accordance with Article 32 enjoins the owner and responsible for the abuse the removal or demolition in the measure indicating the area of law that is acquired, pursuant to paragraph 3.

 

3. If the abuser does not provide for the demolition and restoration of the locations in the period of ninety days injunction, the good and the area of sediment, as well as that required, according to current zoning requirements, the creation of similar works as those terms are acquired right to the free assets of the municipality. The scanned area can not be no more than ten times the total surface area illegally built.

 

4. The determination of the non injunction to demolish, within the period referred to in paragraph 3, subject to notification to the person, is required for entry in the possession and for transcription in the land register, which must be performed free of charge.

 

5. The work experience is demolished by order of the director or manager of the relevant municipal office at the expense of those responsible for the abuse, except with Board resolution does not declare the existence of prevailing public interests and provided that the work does not conflict with relevant urban or environmental interests.

 

6. For work performed on land illegally subjected, according to state or regional laws, a constraint inedificabilità, acquiring access in the event of non-compliance with the injunction of demolition occurs right in favor of the authorities competent to supervise on 'observance of the bond. These Administrations shall ensure the demolition of illegal works and to restore the condition of the premises at the expense of responsible abuse. In the case of the constraints of competition, the acquisition can occur in favor of the heritage of the town. (For the repression in protected areas see Art. 2 reads December 9, 1998, n. 426)

 

7. The town clerk shall establish and publish a monthly basis, by posting at the municipal, data relating to buildings and works carried out illegally, the subject of the reports of officers and judicial police officers and their suspension orders and transmits the data to the authority aforesaid competent court, the president of the regional council and, through the territorial office of the Government, the Minister for Infrastructure and Transport.

 

8. In the case of inertia, which lasted for fifteen days from the date of the finding of non-compliance with the provisions of paragraph 1 of Article 27, which lasted beyond the period specified in paragraph 3 of this Article 27, the competent regional body, within thirty days, take the measures that may be necessary given notification to the competent judicial authority for the purpose of prosecution.

 

9. For illegal works referred to in this Article, the court, in its judgment of conviction for the offense under section 44, order the demolition of the works themselves if still not been done otherwise.

 

9-a. The provisions of this Article shall also apply to building work referred to in Article 22, paragraph 3.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 32 (L) - Determination of essential changes

(Law 28 February 1985, no. 47, Art. 8)

 

1. Notwithstanding the provisions of paragraph 1 of Article 31, the regions determine which are the essential changes to the approved design, taking into account that the essentiality using only occurs when one or more of the following conditions:

 

a) change in the intended use involving variation of the standards provided for by the Ministerial Decree of 2 April 1968 published in the Official Gazette no. 97 of 16 April 1968;

b) significant increase in its volume or the surface of the floor to be evaluated in relation to the approved design;

c) major changes of parameters urban-construction of the approved project or the location of the building on the area of relevance;

d) changes in the characteristics of the intervention building assented;

e) breach of the applicable standards of earthquake-resistant buildings, when not adhered to procedural facts.

 

2. Can not be considered in any case essential changes which have an impact on the amount of cubic ancillary technical volumes and internal distribution of individual units.

 

3. The actions referred to in paragraph 1, carried out on buildings subject to historical, artistic, architectural, archaeological, landscape and environmental, as well as on properties falling on parks or protected areas in national and regional differences are considered in total by permit, pursuant to and for the purposes of Articles 31 and 44. All other work on the same property are considered essential changes.

 

Article 33 (L) - Interventions building renovation in the absence of permission to build or differences in total

(Law 28 February 1985, no. 47, art. 9; Leg. Aug. 18, 2000, no. 267, art. 107 and 109)

 

1. Interventions and building renovation works referred to in Article 10, paragraph 1 and carried out in the absence of permission or total discrepancies by it, are removed or demolished and the buildings are made to comply with the requirements of the instruments of urban-building within the reasonable deadline set by the manager or person in charge of the relevant municipal office with its order, after which the order itself is performed by the municipality and at the expense of those responsible for the abuse.

 

2. If, on the basis of a reasoned assessment municipal technical office, the restoration of the condition of the premises is not possible, the manager or the office manager imposing a pecuniary penalty equal to twice the increase in value of the property, resulting in the creation of the works, which is determined with reference to the date of completion of the work, in accordance with the criteria laid down by the Law of 27 July 1978. 392 and with reference to the last production cost determined by ministerial decree, updated to the date of execution of the abuse, based on the ISTAT cost of construction, with the exception, for municipalities not required to apply the same law , the location parameter and the equivalence to the category A / 1 of the categories not covered by Article 16 of this Law. For buildings used for other than home the penalty is equal to twice the increase in the market value of the property as determined by the agency of the territory.

 

3. If the works have been carried out on these buildings under the legislative decree of 29 October 1999, no. 490 (now Legislative Decree no. 42, 2004 - ed), the competent authority to monitor compliance with the bond, subject to the application of other measures and penalties provided for by regulations, order the return to its former state at the expense of responsible for the abuse, indicating criteria and procedures aimed at restoring the original building structure, and imposing a financial penalty from 516 to 5,164 Euros.

 

4. If the works were executed on properties, even if not bound, including homogeneous areas A, referred to in the Ministerial Decree of 2 April 1968 n. 1444, the director or supervisor of the office requires the administrative department responsible for the protection of cultural heritage and environmental specific binding opinion on the return to its former state or the imposition of a pecuniary penalty referred to in the preceding paragraph. If the opinion is not made within ninety days of the request, the director or officer shall independently.

 

5. In the event of inaction, apply the provision of Article 31, paragraph 8.

 

6. However, due to the contribution of the construction of Articles 16 and 19.

 

6-bis. The provisions of this Article shall also apply to building renovations referred to in Article 22, paragraph 3, performed in the absence of notice of commencement of business or in total by the same discrepancy.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 34 (L) - Interventions performed in partial divergence from the building permit

(Law 28 February 1985, no. 47, art. 12; Leg. Aug. 18, 2000, no. 267, art. 107 and 109)

 

1. The interventions and the works carried out in partial divergence from the building permit shall be removed or demolished at the expense of those responsible for the abuse within the appropriate time limit set by the relative order of the director or the office manager. After that period are removed or demolished by the municipality and at the expense of the same makers of the abuse.

 

2. Where the demolition can not take place without prejudice to the part performed in accordance with, the manager or the office manager applies a penalty equal to twice the cost of production, established according to the Law of 27 July 1978, n. 392, the part of the work carried out in contravention of the building permit, if for residential use, and equal to twice the fair market value, determined by the agency of the territory, for the works put to uses other than residential.

 

2-a. The provisions of this Article shall also apply to building work referred to in Article 22, paragraph 3, performed in partial incompatibility with the notice of commencement of business.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 35 (L) - Statements made on soils abusive state-owned or public bodies

(Law 28 February 1985, no. 47, art. 14, dl 13 May 1991, n. 152, art. 17-bis, converted into Law of 12 July 1991, n. 203; Leg. Aug. 18, 2000, n. 267, art. 107 and 109)

 

1. It is determined that the execution by parties other than those referred to in Article 28 of interventions in the absence of planning permission, or total or partial non-conformity by the board, on soils of public or private property of the State or agencies public, the director or supervisor of the office, not renewable after notice, order the person responsible for the abuse the demolition and restoration of the locations, notifying to the owner of the soil.

 

2. The demolition is carried out by the municipality and at the expense of the responsible for the abuse.

 

3. It is understood the power of self-defense of the State and local governments, as well as that of other public bodies, provided by law.

 

3-bis. The provisions of this Article shall also apply to building work referred to in Article 22, paragraph 3, performed in the absence of notice of commencement of business, or in total or partial incompatibility with the same.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 36 (L) - Assessment of compliance

(Law 28 February 1985, no. 47, art. 13)

 

1. In the case of interventions in the absence of planning permission, or in contravention of it, or in the absence of notice of commencement of activities in the cases referred to in Article 22, paragraph 3, or deviations from it, until the expiration of the terms of referred to in Articles 31, paragraph 3, 33, paragraph 1, 34, paragraph 1, and until the imposition of administrative sanctions, the abuser, or the current owner of the property, may obtain permission in amnesty if the intervention is in conformity with the urban planning and building regulations both at the time of implementation, both at the time of submission of the application.

(Paragraph as amended by Legislative Decree no. N. 301 of 2002)

 

2. The issuance of this permit in amnesty is conditional upon the payment, by way of oblation, the contribution of construction in double measure, or, in the case of gratuity under the law, in an amount equal to that provided for in Article 16. In the case of intervention carried out in partial discrepancy, the oblation is calculated with reference to the part of the work other than by permission.

 

3. On the request for amnesty allowed in the director or supervisor of the appropriate municipal office to pronounce with adequate reasons, within sixty days after which the request shall be deemed rejected.

 

Article 37 (L) - Interventions carried out in the absence or in contravention of the notice of commencement of activities and conformity assessment

(Article 4, paragraph 13 of the Decree Law 398 of 1993, Article 10 of Law 47 of 1985)

 

1. The realization of construction projects referred to in Article 22, paragraphs 1 and 2, in the absence of or in contravention of the notice of commencement of business involves pecuniary penalty equal to twice the increase in the market value of the property resulting from the implementation of the interventions themselves and in any case not less than 516 euro.

(Paragraph as amended by Legislative Decree no. N. 301 of 2002)

 

2. When the works carried out in the absence of notice of commencement of activities consist of restoration and rehabilitation conservative, referred to in subparagraph c) of Article 3 on property however, not restricted on the basis of state and regional laws, as well as other planning rules in force, the competent authority to monitor compliance with the bond, subject to the application of other measures and penalties provided for by regulations, may order the return to its former state at the expense of the person responsible and impose a fine ranging from 516 to 10,329 € .

 

3. If the measures referred to in paragraph 2 shall be carried out on buildings, also not limited, including in the areas indicated in the letter A of Article 2 of the Ministerial Decree of 2 April 1968 the director or supervisor of the office requires the Ministry of National Heritage and cultural activities specific binding opinion on the return to its former state or the imposition of a pecuniary penalty referred to in paragraph 1. If the opinion is not made within sixty days of the request, the manager or the office manager has independent. In such cases, does not apply the sanction from 516 to 10,329 euro referred to in paragraph 2.

 

4. If the intervention has made to conform to the discipline of urban planning and building regulations both at the time of implementation of the intervention, both at the time of submission of the application, the responsible for the abuse or the property owner can get the amnesty intervention pouring sum not exceeding € 5,164 and not less than 516 euro, established by the head of the procedure in relation to the increase in assessed value of the property by the agency of the territory.

 

5. Notwithstanding the provisions of Article 23, paragraph 6 of the notice of commencement of activities carried out spontaneously when surgery is being performed, shall entail the payment of the penalty, the sum of 516 Euros.

 

6. Failure to report the beginning of the activity does not involve application of penalties laid down in Article 44. Remains, however, save where the conditions exist in relation to the intervention carried out, the penalties provided for in Articles 31, 33, 34, 35 and 44 and the assessment of conformity referred to in Article 36.

 

Article 38 (L) - Interventions performed according to a permit canceled

(Law 28 February 1985, no. 47, art. 11; Leg. Aug. 18, 2000, no. 267, art. 107 and 109)

 

1. In case of cancellation of the permit, if it is not possible, based on a reasoned evaluation, the removal of the defects of administrative procedures, or return to its former state, the director or supervisor of the appropriate municipal office applies a penalty equal to the market value of the works or parts of them illegally performed, evaluated by the agency of the territory, on the basis of agreements between the latter and the local administration. The evaluation of the Agency shall be notified by the manager or the office manager becomes final and the deadline for the appeal.

 

2. The full payment of the fine levied produces the same effects of building permits in sanatoria referred to in Article 36.

 

2-a. The provisions of this Article shall also apply to building work referred to in Article 22, paragraph 3, in the event of a finding of the preconditions for the formation of the title.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 39 (L) - Cancellation of the building permit from the region

(Law 17 August 1942, n. 1150, Art. 27; Presidential Decree of 15 January 1972 no. 8, art. 1)

 

1. Within ten years of their adoption deliberations and municipal measures that authorize actions do not conform to the requirements of planning instruments or building regulations or otherwise be contrary to the planning and building regulations in force at the time of their adoption, can be canceled from the region.

 

2. The action for annulment shall be issued within eighteen months of the ascertainment of violations referred to in paragraph 1, and is preceded by notification of the violations are the holder of the permit, the owner of the building, the designer, and to the municipality, with an invitation to present counter-arguments within a predetermined purpose.

 

3. Slope of the procedures for canceling the region may order the suspension of work, with a measure to be notified by a bailiff, in the form and manner prescribed by the Code of Civil Procedure, to the entities referred to in paragraph 2 and to communicate to the common . The order of suspension shall cease to have effect if, within six months of its notification has not been issued a decree of cancellation referred to in paragraph 1.

 

4. Within six months from the date of adoption of the decision to cancel, it should be taken the decision of demolition of the works executed by title canceled.

 

5. The measures provided for suspension of work and revocation are made known to the public by posting at the hall of the municipality of data relating to real estate and works.

 

5-bis. The provisions of this Article shall also apply to building work referred to in Article 22, paragraph 3, does not comply with the requirements of planning instruments or building regulations or otherwise be contrary to the planning and building regulations in force at the time of expiry of the 30 days from the submission of the complaint to login.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 40 (L) - Suspension or demolition of unauthorized actions by the region

(Law 17 August 1942, n. 1150, Art. 26; DPR Jan. 15, 1972, no. 8, art. 1)

 

1. In the case of work performed in the absence of permission to build or inconsistent with this or with the requirements of planning instruments, or the rules of urban-building, if the municipality has not done so within the time allowed, the region may suspend or demolition the works performed. The measure of demolition is adopted within five years of the declaration of viability of the operation.

 

2. The suspension or demolition shall be notified to the permit holder or, failing that, to the developer, the builder and the project manager. The same provision is also communicated to the municipality.

 

3. The suspension may not extend beyond a period of three months from the date of notification within which they have adopted the necessary measures to eliminate the reasons for the differences, or, if not possible, to restart it pristine.

 

4. With the provision that provides for the modification of the intervention, the throw-in pristine or demolition of the works is given a deadline by which the abuser is required to proceed at their own expense and without prejudice to criminal penalties, the execution of the the decision. Of that period expired, the region has the performance to the detriment of the work.

 

4-bis. The provisions of this Article shall also apply to building work referred to in Article 22, paragraph 3, made in the absence of notice of commencement of business or inconsistent with this or with the requirements of planning instruments or town planning and building regulations in force at the time the expiry of the period of 30 days from the submission of the complaint to login.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 41 (L) - Demolition of illegal works

(Law 28 February 1985, no. 47, art. 27, paragraphs 1, 2, 5, Law 23 December 1996, n. 662, art. 2, paragraph 56; Leg. Aug. 18, 2000, no. 267, art . 107 and 109)

(Replaced by Article 32, paragraph 49-ter of law no. 326 of 2003, then reinstated after cancellation of the amendment by the Constitutional Court judgment no. 196 of 2004)

 

1. In all cases in which the demolition must be undertaken by the municipality, it is prepared by the executive or by the head of the office of municipal technical and economic assessment approved by the City Council.

 

2. The work is entrusted, even by private treaty where the necessary conditions exist, such companies are technically and financially capable.

 

3. In the case of impossibility of award of the work, the director or supervisor of the appropriate municipal office shall inform the office of the territorial government, which provides for the demolition with the means at the disposal of the government, or by company financially and technically suitable if jobs are not feasible in direct management.

 

4. If you need to proceed with the demolition of illegal works it is possible, by means of education authorities for public works, the technical and operational structures of the Ministry of Defence, on the basis of agreement signed by agreement between the Minister for Infrastructure and Transport and the Minister of Defence.

 

5. E 'in each case assuming the use of negotiated procedures open to the award of contracts for demolition to be carried out if necessary.

 

Article 42 (L) - Late or non-payment of the contribution of construction

(Law 28 February 1985, no. 47, art. 3)

 

1. The regions determine the penalties for late or non-payment of the contribution of construction to an extent not less than as provided in this article and not more than twice.

 

2. The failure to pay within the stipulated period of construction contribution referred to in Article 16 involves:

 

a) the increase of the contribution in an amount equal to 10 percent if the payment of the contribution is made in the next one hundred and twenty days;

b) the increase of the contribution in an amount equal to 20 percent when, after the period referred to in subparagraph a), the delay lasts no more than the next sixty days,

c) the increase of the contribution in an amount equal to 40 percent when, after the period referred to in point b), the delay lasts no more than the next sixty days.

(Measures thus amended by Article 27, paragraph 17 of Law no. 448 of 2001)

 

3. The measures provided for in the preceding paragraphs do not stack.

 

4. In case of payment by installments, the standards referred to in the second subparagraph shall apply to late payment of each installment.

 

5. Within the period referred to in subparagraph c) of paragraph 2, the municipality provides for the compulsory collection of the total credit in the manner provided in Article 43.

 

6. In the absence of regional laws that determine the extent of the penalties referred to in this Article, they shall be applied in the measures listed in paragraph 2.

 

Article 43 (L) - Collection

(Law of 28 February 1985, no. 47, art. 16)

 

1. The contributions, penalties and expenses under Titles II and IV of Part I of this Act shall be assessed and collected in accordance with regulations relating to compulsory collection of revenue entity proceeding.

 

Article 44 (L) - Criminal penalties

(Law 28 February 1985, no. 47, Art. 19:20, 23 April 1985 dl, n. 146, art. 3, converted into Law of 21 June 1985, n. 298)

(The fines referred to in this Article shall be increased by one hundred percent in accordance with Article 32, paragraph 47 of law no. 326 of 2003)

 

1. Unless the fact constitutes a more serious offense and without prejudice to the administrative sanctions shall apply:

 

a) a fine of up to EUR 10,329 for non-compliance with the rules, regulations and executive procedures provided for in this title, as applicable, as well as building regulations, the planning instruments and the building permit;

b) imprisonment for up to two years and a fine of 5,164 to 51,645 Euros in the case of works in total inconsistency or lack of a permit or the continuation of the same despite the suspension order;

c) imprisonment of up to two years and a fine of between 15,493 and 51,645 Euros in the case of illegal allotment of land for building purposes, as provided by the first paragraph of Article 30. The same penalty also applies in the case of construction projects in areas subject to historical, artistic, archaeological, scenic, environmental, variation in essential differences in total or in the absence of the permit.

 

2. The final judgment of the criminal court establishes that there has been illegal subdivision, the confiscation of land, illegally parceled and works illegally built. As a result of the confiscation of the land is acquired free of law and the assets of the municipality in which the subdivision has occurred. The final judgment is entitled to the immediate transcription in the land register.

 

2-a. The provisions of this Article shall also apply to construction projects likely brought about by commencement notice pursuant to Article 22, paragraph 3, performed in the absence or total incompatibility with the same.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 45 (L) - Rules for criminal prosecution

(Law 28 February 1985, no. 47, art 22).

 

1. The legal proceedings relating to violations building remains suspended until you have exhausted the administrative procedures for amnesty under Article 36.

 

2. (Repealed by paragraph 4, Annex 4, of Legislative Decree no. N. 104 of 2010)

 

3. The issuance of building permits in amnesty extinguishes the crime contravention required by zoning regulations.

 

Article 46 (L) - Invalidity of legal acts relating to buildings whose illegal construction is commenced after March 17, 1985

(Law 28 February 1985, no. 47, Article 17. DL April 23, 1985, no. 146, Art. 8)

 

1. The acts inter vivos, whether public or in private, involving transfer or the creation or dissolution of the communion of rights in rem relating to buildings, or parts thereof, the construction of which began after March 17, 1985, are null and can not be entered into if they do not result, for the declaration of the transferor, the details of the building permit or permit for amnesty. These provisions do not apply to acts of incorporation, amending or extinguish rights in rem guarantee or servitude.

(Subparagraph as amended by Article 32, paragraph 49, law no. 326 of 2002)

 

2. In the case in which provision is made in accordance with Article 38, the imposition of a pecuniary penalty only, but not in the permit amnesty, the acts referred to in paragraph 1 shall be accompanied by proof of full payment of the penalty same.

 

3. The judgment establishing the invalidity of the acts referred to in paragraph 1 shall not affect the warranty or servitude acquired under an act or transcribed in writing prior to the recording of the application for a declaration of invalidity of the acts.

 

4. If the non-disclosure in place of extremes is not depended on the absence of the building permit at the time when the acts themselves were signed, they can also be confirmed by one of the Parties through next act, written in the same form as the previous one, which contains a reference omitted.

 

5. The invalidity referred to in this Article shall not apply to acts arising from property enforcement procedures, or individual bankruptcy. The successful tenderer, if the property is located under the conditions of the issuance of the building permit for amnesty, must apply for permission in amnesty within one hundred twenty days from the notification of the decree issued by the judicial authority.

 

5-bis. The provisions of this Article shall also apply to building work carried out by means of notice of commencement of activities pursuant to Article 22, paragraph 3, where reference to such act are not the same.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

Article 47 (L) - Sanctions against the notaries

(Law 28 February 1985, no. 47, art. 21)

 

1. The reception and authenticated by notaries nullified acts referred to in Articles 46 and 30 and convalidabili not constitute a breach of Article 28 of the Law of 16 February 1913, n. 89, as amended, and involves the application of the penalties provided for by statute.

 

2. All public officials, complying with the provisions of Article 30, shall be exempted from liability relating to the transfer or division of the land.

(Subparagraph as amended by Article 1, paragraph 2, of Presidential Decree 304 of 2005)

 

Article 48 (L) - the utility companies of public services

(Law 28 February 1985, no. 47, art.45)

 

1. It is prohibited to all service suppliers give their public supplies for the execution of works without planning permission, as well as works in the absence of title commenced after January 30, 1977, and for which they have not been entered into supply contracts before 17 March 1985.

 

2. The applicant for service is required to attach a declaration in lieu of an affidavit, pursuant to article 47 of DPR December 28, 2000, n. 445, containing the single text of the laws and regulations on administrative records, showing the details of the building permit, or for illegal works, the details of the permit in sanatoria, or a copy of the permit application for amnesty accompanied by proof the payment of the amounts due in respect of the whole oblation for the assumption of Article 36, and only for the first two installments in the event of Article 35 of the Law of 28 February 1985, no. 47. The contract in the absence of such statements is null and the official from the power supply utility, which is attributable to the conclusion of the contract, is subject to a fine ranging from 2,582 to 7,746 Euros. For works that already benefit from a public service, in lieu of the documentation referred to in the previous paragraph, can be produced copy of an invoice issued by the lender the service, to the effect that the work already enjoys a public service .

 

3. For works started before 30 January 1977 in place of the ends of the building permit can be produced a declaration in lieu of an affidavit issued by the owner or otherwise entitled, pursuant to article 47 of DPR December 28, 2000, n. 445, containing the single text of the laws and regulations in the field of administrative documentation, certifying that the work was begun at an earlier date to January 30, 1977. Such a declaration may be received and placed in the same contract, or in a separate document to be attached to the contract.

 

3-bis. The provisions of this Article shall also apply to construction projects likely brought about by commencement notice pursuant to Article 22, paragraph 3, performed in the absence thereof.

(Paragraph added by Legislative Decree no. N. 301 of 2002)

 

3-ter. In order to allow a more penetrating surveillance to construction, it is mandatory for companies providing services and public officers to whom is due the signing of the contracts administration to notify the mayor of the municipality where the property is situated requests connection to public services carried out on the buildings, with an indication of the building permit or authorization or other certificates of permission, or in the instance of granting amnesty presented, accompanied by proof of full payment of the sums due by way of oblation. Failure to comply with this obligation entails, for each violation, a fine of EUR 10,000 to EUR 50,000 in respect of the distributing companies of public services, as well as the fine ranging from EUR 2,582 to EUR 7,746 in respect of the official of the company which is providing due the awarding of contracts.

(Paragraph added to Article 32 of Law no. 326 of 2003)

 

Chapter III - Tax provisions

 

Article 49 (L) - Tax provisions

(Law of 17 August 1942 no. 1150 art. 41-ter)

 

1. Without prejudice to the sanctions provided for in this Title, the unauthorized actions carried out in the absence of title or in conflict with the same, or on the basis of a title later canceled, do not benefit from the tax advantages provided for by law, neither of contributions or other benefits the State or public bodies. The contrast must concern violations of height, delamination, or cubic volume covered area for single unit that exceed two percent of the measures prescribed or non-compliance of destinations and alignments indicated in the manufacturing program, in the general plan and plans detailed execution.

 

2. It is the obligation of the municipality to report to the tax authorities within three months from completion of work or by request of the certificate of occupancy, or the cancellation of the building permit, any breach involving the loss referred to in the preceding paragraph.

 

3. The right of the tax to recover taxes due in the ordinary measure due to the decline established by this Article shall expire with the expiry of three years from the date of receipt of the report of the municipality.

 

3-ter. In order to allow a more penetrating surveillance to construction, it is mandatory for companies providing services, and public officers to whom is due the signing of the contracts administration to communicate to the mayor of the municipality where the property is situated requests connection to public services carried out on the buildings, with an indication of the building permit or authorization or other certificates of permission, or in the instance of granting amnesty presented, accompanied by proof of full payment of the sums due by way of oblation. Failure to comply with this obligation entails, for each violation, a fine of EUR 10,000 to EUR 50,000 in respect of the distributing companies of public services, as well as the fine ranging from EUR 2,582 to EUR 7,746 in respect of the official of the company which is providing due the awarding of contracts.

(Paragraph introduced by Article 32, paragraph 49 quater, Decree-Law no. 269 of 2003)

 

4. In case of revocation or forfeiture of benefits above the customer is liable for damages in respect of dependents.

 

Article 50 (L) - Tax benefits in the event of amnesty

(Law 28 February 1985, no. 47, Art.46)

 

1. Notwithstanding the provisions of Article 49, the tax concessions on taxes and indirect taxes on business shall apply to acts entered into after March 17, 1985, where it fulfills all the requirements of the applicable tax relief provisions and provided that a certified copy the measure of indemnity is presented, at the same time to record, the administration which is responsible for recording. In the absence of the final measure of amnesty, in order to achieve the benefits on a provisional basis must be produced at the time of registration of the deed, a copy of the permit application submitted to the amnesty in common with the receipt issued by the municipality itself. The person concerned, under penalty of forfeiture of benefits, shall submit to the appropriate office of the tax amnesty copy of the final measure within six months of its notification or, in case this has not been involved at the request of the office, the statement municipality stating that the question has not earned definition.

 

2. Notwithstanding the provisions of Article 49, for buildings constructed without a permit or contrary to the same, or on the basis of permit subsequently canceled, the applicable exemption from municipal property, where it fulfills the requirements typological start and completion of the works by virtue of which would have been entitled, for the period of ten years with effect from 17 March 1985. The exemption shall apply on condition that the person who requests the competent office of his domicile for tax purposes, attaching a copy of the application referred to in the preceding paragraph with the receipt issued by the municipality. At the end of each year from the day of submission of this request, the person concerned, under penalty of forfeiture of benefits, it must submit, within ninety days from that date to the competent office copy of the final order of amnesty, or in the absence of this a statement of the municipality, or a statement in lieu of an affidavit, stating that the application has not yet gained definition.

 

3. The failure or late submission of the measure of amnesty involves the payment of municipal property tax and other taxes due in the ordinary measure, as well as interest on arrears established for individual taxes.

 

4. The issuance of this permit in sanatoria, for works or parts of works carried out illegally, automatically produces, where it fulfills all the requirements of the applicable provisions of tax relief, the cessation of the effects of the measures for the withdrawal or revocation provided for in Article 49.

 

5. Waiting for the final measure of amnesty, to achieve on a provisional basis the effects specified in paragraph 4, must be produced by the person concerned to the competent tax authorities certified copy of the permit application for amnesty, accompanied by proof of payment of sums due until the time of submitting the application referred to in this subparagraph.

 

6. You do not do, however, rise to the repayment of municipal property tax and other taxes already paid.

 

Article 51 (L) - Public funding and amnesty

(Law 23 December 1996, n. 662, art. 2, paragraph 50)

 

1. The granting of compensation, according to the legislation on natural disasters, is excluded in cases where the damaged buildings have been carried out illegally in flood zones, the said grant of compensation is also excluded for buildings built in earthquake zones without the prescribed criteria of safety and without amnesty has taken place.

 

PART II - Technical standards for construction

 

Chapter I - General provisions

 

Article 52 (L) - Type of structures and technical standards

(Law of 3 February 1974, no. 64, Art. 1 and 32, paragraph 1)

 

1. In all the municipalities of the Republic of the buildings both public and private must be made in compliance with the technical standards for the various construction elements fixed by decree of the Minister for Infrastructure and Transport, after consulting the Board of Public Works which also makes use of the collaboration of National Research Council. If the technical standards relate to constructions in seismic areas they shall be taken in consultation with the Minister for the interior. These standards define:

 

a) the general criteria for the technical-construction design, construction and testing of masonry buildings and for their consolidation;

b) loads and overloads, and combinations thereof, also depending on the type and methods of construction and the destination of the work, as well as the general criteria for the verification of construction safety;

c) the investigation of soils and rocks, stability of natural slopes and escarpments, the general criteria and clarifications techniques for the design, construction and testing of retaining land and foundation work, the general criteria and technical clarifications for the design, construction and testing of special works, such as bridges, dams, reservoirs, pipelines, towers, prefabricated buildings in general, aqueducts, sewers;

d) the protection of buildings from fire.

 

2. If you use construction systems other than masonry or reinforced concrete with a steel frame and prestressed, steel or combined systems of such materials, for buildings with four or more planes in and out of the ground, the suitability of such systems must be proven by a declaration by the Chairman of the Board of Public Works with the assent of the Board.

 

3. The regulatory technical standards referred to in this article and its updates shall enter into force thirty days after the publication of their decrees in the Official Gazette of the Italian Republic.

 

Article 53 (L) - Definitions

(Law 5 November 1971, n. 1086, art. 1, first, second and third paragraphs)

 

1. For the purposes of this Act shall apply:

 

a) works in normal reinforced concrete, those made up of a complex of structures in concrete and armor that serve a static function;

b) works in prestressed concrete, those composed of structures in concrete and armor in which he gives a state of artificially additional stress of the nature and extent such as to ensure permanently static effect desired;

 

 

----------------------------------------

Translated via software

----------------------------------------

Source:

Italian version of ReteIngegneri.it