Proposals for legislation

Urban planning, Forza Italia's proposal for more transparent rules

On 8 August, Senator Roberto Rosso (Forza Italia) deposited an updated proposal of the new unified text of the Ddl on urban regeneration, which contains, among other things, the resumption of European indications and the objective of 'zero soil consumption' and clearer rules in the relationship with private individuals

by Paola Pierotti

L'aula di Palazzo Madama (Ansa)

6' min read

6' min read

A very hot summer for cities and their transformation, for the debate opened on a national scale as a consequence of the alleged Milan-gate, which, if it has faded with the lifting of the arrests, confirms a very high level of attention on how cities can be fair, inclusive, sustainable, attractive, integrating public direction and private contribution, betting on a future that leaves no one behind, and at the same time attracts capital, energy, projects and ideas.

The key passages

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On 8 August, Senator Roberto Rosso (Forza Italia) filed an updated proposal of the new unified text of the Ddl on urban regeneration in the Senate Environment Committee. And when parliamentary work resumes after the summer recess, it will move on to the amendments phase with the aim of concluding the examination in time for the Ddl's arrival in the Chamber of Deputies on 16 December, as already scheduled in the Assembly's calendar. This is the second basic text formalised by the rapporteur after more than 500 amendments had been tabled on the first one (which itself starts from eight bills filed by different groups of both the majority and the opposition).

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A newrelease, the result of a reworking also developed in collaboration with the MIT, and which already takes into account a series of amendments arrived at on the previous version, from both the majority and the opposition.

Sostenibilità

With the goals and objectives set out in the first article, we align ourselves with European indications, which among other things call for zero net soil consumption by 2050. On how to do it, the text lists an action for each letter of the alphabet, from a to z. Key words? The overcoming of traditional zoning with more flexible approaches, the circular economy (with reference to the use of wood, remediation, reorganisation of the waste cycle), urban maintenance and building replacement, containment of heat islands and mitigation of the effects of climate change in cities. By the end of the year, meanwhile, in terms of efficiency, the Italian version of the first outline of the implementation plan for the transposition of the EU 'EPBD' (Energy Performance of Buildings Directive), better known as the 'green houses' directive, should also arrive.

In the text presented by Rosso the passage on 'favouring urban densification and urban compensation interventions for the improvement of public services, also with the aim of pursuing the "zero balance" of land consumption or climate-changing emissions' (paragraph e). Other objectives include the adoption of digital technologies and passive systems and bioclimatic design, the improvement of the quality of life in historical centres and suburbs, attention to so-called universal design and fragile categories, and the strengthening of public services to reduce inequalities. Among the issues is that of 'protecting historic centres in their identity, cultural and landscape peculiarities, from the distortions caused by tourist pressure and abandonment phenomena, by encouraging residential functions and related services, through quality building regeneration interventions, both by favouring, when appropriate, the transfer outside the same of the large public and private office buildings, and by enhancing the specific commercial characteristics, and favouring the balanced presence of functions related to hospitality' (paragraph l).

While another parliamentary initiative is taking off, with a specific bill on the quality of architecture, whose first signatory is Nicola Irto (Democratic Party), which has landed in the Culture Commission at Palazzo Madama, the text on urban regeneration by Rosso does not lack a reference to the quality of the project: it is necessary "to promote and foster the architectural quality of buildings or complexes of buildings as a tool for improving the quality of life and wellbeing of communities and that includes both the quality of built spaces in terms of artistic expression and cultural identity, seismic risk prevention, improvement of energy-environmental efficiency and sustainability and accessibility and the relationship between the art of building and the community itself" (paragraph n). And on the quality of design, the text contains a dedicated article, Article 7, also with a specific passage on the use of funds "for the preparation of design competitions", dear to the community of architects, to which is added "technical and economic feasibility and executive projects" of interest to the entire galaxy of the world of technical professions.

Accessible Residency

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Other priorities include housing. With the aim of 'favouring the implementation of social housing interventions in order to meet the weak housing demand, the structural need for housing for rent at a sustainable cost and social cohesion, also through the promotion of 'territorial pacts' and 'neighbourhood contracts' according to participatory processes in order to to prevent social hardship and to combat all forms of crime, as well as through the enhancement of the activity carried out by the companies, however named, to which the management of public housing properties is assigned, by strengthening their economic resources so as to make them autonomous in their management and able to offer all the services necessary for real social inclusion' (paragraph q).

Private and authorisation processes

A text on urban regeneration that speaks to the real estate audience by stating among its objectives how fundamental it is to "attract private investment oriented to the public objectives of urban regeneration, also by promoting new forms of financing, with the possible involvement of public financial institutions for guarantee purposes, and by allowing subjects representing economic, administrative and social sectors to aim at a common collaboration with private ones" (paragraph v). In the chapter on governance, there is also a reference to the interest in 'encouraging the contribution and participation of national and foreign private investors, including from the third sector, in the processes of planning, co-designing and implementing urban regeneration interventions' (Article 3, paragraph g).

In relation to the current debate, there are some specific issues such as the hypothesis that 'based on the specificity of the territory and the regional legislation on town planning, further incentives and simplifications can be identified in addition to those established by this law in order to favour public and private regeneration interventions for the implementation of this law'. These include 'the commensuration of urbanisation charges to the volume or surface area exceeding the original one. In the event of a change of use that entails an increase in the urban load, the difference between the charges already paid and those due for the new use shall be paid'.

Among the indications for direct private interventions is the indication that 'they may be submitted by private promoters even in the absence of municipal planning, without prejudice to compliance with the building and town-planning regulations in force. The aforesaid interventions may be implemented, if the prerequisites are met, subject to the issuance of the agreed building permit envisaged by Article 28-bis of the Consolidated Text of the Decree of the President of the Republic of 6 June 2001, no. 380, and any relevant regional provisions, on the basis of a unitary project covering the entire area'.

The text details the tools for the implementation of urban regeneration, with a national programme and municipal programme, gives precise indications for the use of existing assets to achieve urban regeneration objectives, regulates direct private interventions, emphasises the role of local community participation and details the allocation of proceeds from planning permission. It goes into the simplifications and economic and fiscal incentives. It details the relations between the MIT, regions and municipalities. And in the 20-page text it recalls specific topics such as the declaration of public utility for interventions, the possibility of monetisation of urban standards, tools for resolving unfinished public works, and the promotion of consortia of small owners to facilitate private regeneration.

Resources

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We need to act quickly to redefine a regulatory framework that will dictate new lines after the 1942 town planning law and the 2021 Testo Unico dell'edilizia: rules are needed but also resources, and Article 11 sets out the details of the 'National Fund for Urban Regeneration' with an expenditure of 3.4 billion to be disbursed from 2026 to 2037, 'set up in the estimates of the Ministry of Infrastructure and Transport, with an endowment of 100 million euros for 2026 and 300 million euros annually for each of the years from 2027 and to 2037', to be spent on drafting design studies and urban and economic-financial feasibility of urban regeneration interventions; for the design of public works and services or services of public interest; for the renovation of public real estate; as a charge for the temporary relocation of housing units and households involved in the programme in a socially sustainable manner; for the effective implementation of participatory procedures; for interventions aimed at the creation of green areas and, more generally, for climate change adaptation and mitigation measures; for the demolition of incongruous works, for which the Municipality, following a proposal of the owners, has ascertained the public and priority interest in demolition; for the recruitment of temporary professional figures destined to the Municipalities for the fulfilment of the obligations provided for by this law in the first three years from the date of its entry into force, as well as expenses for technical assistance interventions.

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