04 ott 2024
The recent enactment of Law 105/2024, converting the 'Salva Casa' decree, introduces significant flexibility in urban land use, allowing easier changes in property usage.
This legislation facilitates 'horizontal' changes within the same functional category and 'vertical' changes across different categories, especially in urban areas.
However, while individual units benefit from these changes, entire buildings face restrictions based on urban planning regulations.
The law aims to reduce costs associated with repurposing buildings, but challenges remain for larger structures like tourist accommodations, which require urban planning modifications or specific exemptions.
Law 105/2024, which converts the 'Salva Casa' decree, has introduced new flexibility in urban land use, allowing for easier changes in property usage. This legislation is particularly significant for residential, commercial, and industrial properties, which can now change their designated use more freely. A notable aspect of this law is the facilitation of 'horizontal' changes within the same functional category. For instance, a residential property classified as A2 can be converted into an office (A10) without incurring urbanization charges, provided local zoning plans permit it. This flexibility also applies to conversions from storage to laboratory within the commercial category. Additionally, the law supports 'vertical' changes across different categories in urban areas. Residential units can transition to tourist, commercial, or office use, especially in historical or central urban zones, without the need for additional parking or green spaces. This provision aims to lower the costs of repurposing existing buildings compared to new constructions, which remain subject to urbanization fees. However, the law primarily benefits individual units, while entire buildings must adhere to urban planning tools and regional forecasts. For example, tourist accommodations like RTA (Residenze Turistiche Alberghiere) face restrictions due to their designated use in urban plans, preventing direct application of the 'Salva Casa' law. Cases in regions like Aci Castello, Lake Garda, and others highlight these challenges, where changes from tourist to residential use are not straightforward. To enable such transitions, modifications in urban planning or specific exemptions through reduced compliance (articles 36 and 36 bis) are necessary.
Further Insights
- The law aims to streamline property use changes, reducing bureaucratic hurdles.
- It encourages the adaptive reuse of existing structures, promoting sustainability.
Potential Opportunities
- Increased investment in urban redevelopment projects.
- Enhanced flexibility for property owners to adapt to market demands.
- Potential for revitalizing underutilized urban areas.
Critical Aspects and Potential Issues
- Restrictions on entire buildings may limit large-scale redevelopment.
- Dependence on local urban planning regulations could create inconsistencies.
- Potential conflicts with existing urban infrastructure and community needs.