It is a matter of days, and the new regulation simplifying a particularly difficult sector for those involved in building practices will be published by presidential decree. Given that a large part of the Italian territory is protected by a fair myriad of variegated constraints , finally on certain works it will be possible to proceed without Landscaping Installation. The text of the regulation, not yet published in the Official Gazette, took into account the opinion issued by the Council of State and the subsequent amendments requested by the parliamentary committees on 20 October last.
Landscaping Installation
Extended list of minor interventions subject to simplified Landscaping Installation The list of works considered modest in landscape terms has been greatly integrated and expanded. Regardless of the building procedural regime, they are subject to the prior release of the landscape authorization with a simplified procedure.
Article 4 of the regulation states that constraint measures or landscape plans (regional, ed.) Contain specific requirements for use aimed at conserving and protecting the landscape property, further categories identified in Annexes A and B are exempt . exemption for some limited types of intervention in Annex B is triggered if there are agreements stipulated between the Ministry, Regions and local authorities.
BUILDING TOLERANCE 2% IN THE LANDSCAPE AREA
The news of the introduction of the tolerance is noteworthy, exempting from any Landscaping Installation all the works and building interventions carried out in variant to projects authorized for landscaping purposes that do not exceed two percent of the design measures in terms of height, detachments, cubage, covered area. or translations of the sediment area, as is already the case for buildings.
LANDSCAPE COMPATIBILITY
The Landscaping Installation regime, valid for abusive works carried out in landscape areas, remains unchanged , article 167 of the Code and the sanctioning regime pursuant to art. 181 of the Code. In such cases, the authority responsible for managing the bond and the Superintendent, in the cases referred to in the notorious art. 167 paragraph 4 of the Code, provide for the remission in pristine only when it is in no way possible to dictate prescriptions that allow the landscape compatibility of the intervention. Restoration in pristine cannot be ordered for interventions falling under the new free landscape regime indicated in Annex A of the Regulation carried out before the entry into force of the regulation if not subject to any other qualification other than the Landscaping Installation
REVISED SIMPLIFIED LANDSCAPE AUTHORIZATION PROCEDURE
Chapter II of the Regulation provides for a renewal of the procedural regime to obtain the release of the Landscaping Installation in the simplified regime , by preparing a specific form with attachment C of the Regulation and expressly exempting the application. required for ordinary landscape authorization. The minimum contents and documents for the simplified regime are indicated in the Landscape Report form referred to in Annex D of the regulation, such as: the prescriptive contents of the regulations in force; description of the current state; certification of compliance with the use requirements of landscape assets; the compatibility of the project with the values and the context; the planned Landscaping Installation integration measures
OVERLAP WITH CULTURAL HERITAGE CONSTRAINTS
In the simultaneous presence of cultural heritage constraints such as historical, artistic and archaeological protection, for interventions subject to simplified landscape authorization, the interested party can present a single request absorbing the two procedures, on which the Superintendency pronounces itself with multiple efficacy .
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