Changes of use also with building works. Flexibility with regional laws

There are, however, several changes made in the conversion of the decree-law. And although they are not exhaustive, they open the way to greater flexibility by referring the task of giving guidance to the municipalities to regional laws in many cases.

This is the case of ground floors, which, in the original text of the decree, could be converted into residences only in the cases expressly provided for by urban plans. Now they can be changed to any destination, even if they are basements (a further case added), according to what is regulated by the regional legislation, which will have to establish the cases in which the municipal town-planning instruments can identify specific areas where the changes are applicable.

This provision will only concern 'vertical' changes, i.e. changes between different functional categories (residential, commercial, office, etc.) and not when the change will concern 'horizontal' changes, i.e. between the same functional categories. In the latter case, the only possibility remains for municipal town-planning instruments to set specific conditions. In fact, the provision according to which changes of use on a single property unit (both horizontal and vertical) are always permitted has remained unchanged, but the municipalities have the option of setting specific conditions, in addition to the need to comply with sector regulations (safety, landscaping, etc.).

Should one wish to change the use between different categories, i.e. in a 'vertical' sense (e.g. change from a business to a residence or vice versa), it was confirmed during conversion that this possibility is always permitted in zones A, B and C (historic centre, built-up areas, new settlement areas); rural areas are excluded.

For these passages, the provision making them subject to the prevailing use of the other building units was also changed.

Let us take the example of a building falling in zone A, where the prevalent use is residential and one would like to convert some real estate units to office use (e.g., a bank): in the initial text of the Salva casa decree, the facilitation rules were not applicable because the property was in a situation of prevalent residential use and one had to comply with it. With the amendments made at the time of conversion, this will now be possible regardless of the property's prevailing use, without prejudice to the possibility for urban planning instruments to set specific conditions.

How and when these conditions will be set is certainly the aspect that remains most open. The resulting reading is that both 'horizontal' and 'vertical' changes are always permitted, even if the new use is not 'expressly provided for' by the plans. In urban planning instruments in which no specific conditions are set, changes will always be permitted, in other cases it will be necessary to follow the indications that the municipalities give or may give.

If not yet provided for, it is considered that the facilities indicated in the decree are in any case immediately applicable. In fact, it has been specified that the Regions must adapt to the principles set forth in the regulation, which are in any case directly applicable, without prejudice to the possibility for them to provide for further levels of simplification.

The regions, and thus cascade to the municipalities, are subject to their own regional law, if it contains more simplifications.

The continued use of the Scia for changes of use without works has been confirmed. For changes with works, reference is made to the relative title required, but if the interventions fall under Cila, one must proceed with Scia anyway.

There is thus a step backwards on this point, given that many regions have been providing more simplified regimes for years.

Confirmed are the provisions according to which the vertical passage does not entail any additional standards (with respect to Ministerial Decree 1444/1968) nor any obligation for parking spaces (already provided for in Decree Law 19/2024 for student halls of residence financed by the Pnrr).

On the onerousness of the change of use operations, however, it was added that the payment of the required contribution for secondary urbanisation charges, i.e. only the portion related to services such as schools or green areas in the neighbourhood, remains firm, within the limits of what is established by regional legislation, where provided for.

Ance Construction and Land Management