Cultural Heritage and Real Estate

Panels, verandas, windows, small volumes: less power to the Superintendencies

Delegation decree towards the green light: on minor interventions the competence of municipalities increases

2' min read

2' min read

More weight is given to municipalities and less to the Superintendencies for works such as small increases in volume, the installation of panels, the opening of windows, the construction of canopies and verandas, and the energy requalification of buildings. Simplified authorisations for seasonal activities and for those related to securing the territory. Although there will be no wide-ranging use of silent consent, as originally assumed.

These are the key passages of the delegated bill to revise the Code of Cultural Heritage. This is the proposal, started by the League and then embraced by the rest of the majority, which aims to drastically revise the competences of the Superintendencies on the subject of landscape authorisations in restricted areas. The text has completed its amendment process in the Environment Committee of the Senate; next week the mandate to the rapporteurs will arrive, then there will be the landing in the House in September.

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Simplified Procedures

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The slight interventions - says one of the key passages of the text approved in committee at Palazzo Madama - will no longer be subject to the opinion of the Superintendence. For them, exclusive competence will be assigned to the territorial authorities, 'subject to verification of conformity with urban planning instruments'.

This category, which is already subject to asimplified procedure, includes "increases in volume not exceeding 10% of the original construction volume and in any case not exceeding 100 cubic metres", the "construction or modification of external openings or roof windows on listed property", work to comply with earthquake-proofing regulations "or aimed at limiting the energy consumption of buildings", works necessary for the overcoming of architectural barriers", the installation of solar panels (thermal or photovoltaic) "at the service of individual buildings, provided that they are integrated in the configuration of the roofs", the construction of garages, roofed verandas, as well as more specific works, such as buildings for the sheltering of agricultural tools. In all these cases, the municipality and the intersection with the master plan will play adecisive role.

In addition to this, a simplified procedure will be applied to interventions for the prevention of hydrogeological risk, strengthening the safety of the cultural heritage and the restoration of infrastructures damaged by natural disasters. For interventions related to activities of a seasonal and repetitive nature, 'which do not present any variations with respect to the landscape authorisation already issued', a simplified authorisation will be introduced.

The Perimeter of Silent Consent

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It should be noted, however, that compared to the first hypothesis (the first bill was rewritten by the rapporteurs, Andrea Paganella of the Lega and Francesca Tubetti of Fratelli d'Italia) the perimeter of the silenzio assenso is reduced. The first proposal, in fact, made extensive use of this instrument, foreseeing many cases in which, in the absence of an explicit pronouncement by the Superintendence, the opinion would automatically accrue.

During the hearing, however, a possible incompatibility with Law 241/1990 emerged. This establishes the inapplicability of silence consent precisely to proceedings concerning cultural and landscape heritage. Therefore, the objective now becomes, more realistically, to ensure 'regulatory coordination' with law 241/1990 'also with reference to the silence of assent'.

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