The Building Permit is the title of the authorization required for the realization of construction projects more complex. Due to its release it is necessary that they comply with all the rules laid down by the planning instruments in force in the territory of the municipality in which the intervention takes place. Nevertheless, the current rules provide special cases in which it is possible to make the action even in derogation to the current planning regulations.


Features of the Building Permit in derogation

The Consolidated Housing (Presidential Decree 380/2001) recognizes, in accordance with the provisions of Article 14, the possibility of granting a Building Permit notwithstanding planning instruments in force, but only for public buildings or public interest. Practically it is possible to realize the construction or renovation, existing buildings, without respect to part or all of the parameters required by the regulations, such as the volumetric indices, distances from other buildings, the maximum heights and so on, yet working as part of the public. This institution has since been expanded with the Development Decree, the Decree Law no. 7 of 2011 (and more precisely with art. 5, paragraphs 9 to 14) and then converted into Law 106 of 2011, extending even to the private building, in order to revive the construction industry and revitalize urban areas degraded, along with other measures.

The law, therefore, now allows the creation of interventions for rationalization of existing buildings through interventions such as volume increases, the relocation of volumes in other areas, changes of uses, modifications of the gauge. According to the provisions of the decree, However, so that it can be issued a building permit as an exception, the construction project, as well as being convenient for the private, must also submit special features: must be pre-determined and circumscribed; must leave unchanged the urban structure of the area in which fits; must be issued in a discretionary, considering in turn the existence, next to the convenience for those who produce it, the public interest, as well as urban planning, construction.

Judgment on the Building Permit in derogation

A recent ruling of the Administrative Court of Piedmont reiterates, also recovering earlier judgments, the possibility of private interventions, thus opening a small prospect of recovery for private construction. This is the judgment n. 1287 of November 28, 2013 . Pronunciation had become necessary as a result of the use of a real estate company that owns a building adjoining, had brought against a municipal resolution with which it was issued the authorization for a derogation, for the renovation of a building fourteen floors above ground, never finished and remained in a state of neglect. Permission to construct in question provided also that the intended use changed from residential to tertiary education, making a living at least 50% of the total area, but on the condition that a part of these units obtained were destined for subsidized housing. The administrative Court ruled that Piedmont may be issued a building permit notwithstanding planning instruments, if there is an appropriate balance between those who have the public interest and convenience of the private invests.

In this case, the conditions were met and therefore the permit issued by the municipality, against whom he had been appealed, it appeared legitimate because it meets the criteria of revival building and redevelopment of blighted areas aim of this procedure. So the court ruled in dismissing the action, considered unfounded. Given this judgment opens up new openings for the recovery of the construction industry, because they might be offered by other private redevelopment of abandoned buildings, allocating a share of the construction, for example, its construction agreement or the construction of sports facilities or structures of common interest to serve the city.