Restricted areas, volume increases can be sanctioned
In a circular, the Ministry of Culture aligns itself with the indications of Decree-Law No. 69. The Cultural Heritage Code does not block the hyper-simplified rules of the Save Home
3' min read
3' min read
Theamendment of unauthorised volumes and surfaces that are larger than those authorised in the titles is also permitted in constrained areas. Provided that there is the approval of the Superintendence, which, however, may also accrue through the fast track of silent consent.
The Ministry of Culture thus closes, with a circular issued by the Department for the Protection of Cultural Heritage, sent to, among others, archaeological superintendencies and parks all over Italy, a legal diatribe that opened in the aftermath of the enactment of the Salva casa. The new assessment of conformity, introduced in Article 36 bis of the Consolidated Law on Construction, was in fact immediately judged to be totally incompatible with the rules of the Code of Cultural Heritage, Legislative Decree no. 42/2004. Now, as far as the Mic is concerned, the rules of the Salva casa (which aim at strong deregulation) actually prevail over those of the Code.
The Home Saver
.The problem arises from the fact that the Salva Casa provides for the possibility of sanctioning nonconformities with respect to the title. This chance is also envisaged when the work has been carried out in the absence of or non-conformity with the landscape authorisation, which - it should be remembered - is the compulsory administrative measure for work in areas subject to landscape protection. The amnesty is applicable - says Law Decree no. 69/2024 - "also in the case of works that have resulted in the creation of useful surfaces or volumes or the increase of those legitimately realised".
On this same point, however, the Cultural Heritage Code provides for an explicit prohibition, when it speaks of the assessment of landscape compatibility, i.e. the procedure that is activated to regularise interventions carried out in the absence of or not in compliance with the landscape authorisation. This procedure, in fact, is only permitted for works "that have not resulted in the creation of useful surfaces or volumes or an increase in those legitimately realised".
This contrast between norms has been discussed for months and some Superintendencies have taken a deliberately wait-and-see position, such as that of the Metropolitan City of Milan, which at the end of last year had explained in a note of its own that it wanted to make use of the silence of consent institute on these new procedures.
