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easier to get landscape authorization

  • Thread starter Thread starter gfrank
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gfrank

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Legislative Decree 42/2004 (Code of Cultural Assets) provides (Article 146) that the owners of property or areas of considerable public interest subject to protection, have the obligation to submit to the competent authority (region or sub-delegated institution) the projects of the works that intend to carry out, together with the documentation provided, in order to obtain prior authorization without which the works cannot be started.
landscape authorization is therefore a necessary measure to issue the licence.

the decree of the president of the republic 9 July 2010, n. 139, published on the official gazette no. 199 of 26 August, simplifies the procedures previewed for the release of the landscape authorization for the interventions of "lieve entities" that do not involve alteration of the places or the external aspect of the buildings.
the new regulation, issued pursuant to Article 146, paragraph 9, of Legislative Decree No. 22 January 2004, n. 42 e s.m.i., provides for a significant reduction of procedural times for the release of landscape authorization (60 days instead of 105) and of documentary charges: the request, in fact, must be accompanied only by a simplified landscape report prepared by a qualified technician who can also be sent via telematic.
At present, the release of landscape authorization is due to the territorial authorities, but, the competence is of the superintendency that expresses a mandatory, preventive and binding opinion on all investigations.
the approved regulation provides for a preliminary verification phase by the local administration of the applicability or not of the simplified procedure, as well as the conformity of the intervention designed to the urban and building discipline.
when the evaluation is positive, the local administration sends the practice to the supervisor who proceeds to the evaluation of landscape compatibility; In the event of a favourable opinion, the administration shall immediately release the authorization, otherwise reject it.
the list of "light" interventions contained in the annex to d.p.r. n. 139/2010 includes:

the increase in the volumes of the buildings, which should not be more than 10 percent of the original volume and however not exceeding 100 mc (and does not apply to the homogeneous zones "a" of d.m. n. 1444 of 1968)
the demolition and reconstruction interventions with respect to volume and pre-existing silhouette
interventions on covers such as exterior finishes, doors, chimneys and chimneys and those necessary for adapting to anti-seismic norms or containing energy consumption of buildings
the architectural barriers
the placement of sun curtains on the facades of buildings for commercial activities
interventions as adaptation of existing roadworthiness (rotaries, reconfiguration of road crossings, docks and sidewalks)
support for network infrastructure if they involve works on the ground, electrical and telephone lines on the pole (not exceeding 10 and 6.30 meters respectively)
installation of external technological installations for autonomous domestic use such as conditioners, boilers, antennas or parables (the norm however does not apply to properties subject to protection from article 136 paragraph 1 letters a), b), c) of the code
installation of solar, thermal and photovoltaic panels up to a surface of 25 square meters (even here the simplification does not apply to the homogeneous territorial zones "a" and the bound areas provided in the code)

source and document:
http://www.acca.it/default.aspx?tabid=80&itemid=1434&view=details
 

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