General Building Rules - L.R. 31/2002
Thus, the territorial reform is finally accomplished
A reform founded on the principle of subsidiarity as a criterion for
governing the relationship between public administrations and the
private sector. In other words, in keeping with the principle of horizontal
subsidiarity the public administration is required to specify the
works deemed feasible and the private sector must carry out the interventions
without any further procedures.
Compared
to the unified national regulations, the relevant new aspects include:
- the activity initiation declaration (DIA) is now mandatory
- a Commission for architectural quality and the landscape is created
- stronger control on works underway
- the principle of silent assent, whereby the construction permit
is deemed to have been granted if the cognizant authorities fail
to reply within the established deadlines.
 |
 |
The law has
reduced the number of authorisations required and now only the DIA
and the construction permits are mandatory. Moreover, it has extended
the applicability of the DIA to interventions on protected structures.
The choice between the DIA and the building permit, as provided
for by the national regulations, is no longer admitted: if it is
envisaged, in fact, the DIA is mandatory.
A further innovation is the fact that the use of the DIA is extended
to restructuring works involving demolition and faithful reconstruction,
i.e., constructing a new building identical to the pre-existing
one. This law has also introduced the obligation for the Communes
to set up a Unified Building Desk, possibly in associative form,
to provide correct and timely information to the citizens on the
contents of town planning and building instruments. Moreover, the
Communes can also establish a single organisation to perform the
tasks of the Unified Building Desk and Production activity functions.
The initial monitoring of the effects of the implementation of the
law has revealed a widespread utilization of the DIA, shorter times
for the release of the authorisations, efficiency on the part of
the Commissions for architectural and landscape quality and a nearly
unanimous disapproval of the principle of the silent assent principle.
|
)
)
