This is the conclusion reached by the Lombardy Tar with the judgment 371/2021. To end up in the sights of the judges was article 40 bis of the LR 12/2005, introduced by LR 18/2019 per incentivize urban regeneration interventions. The rule will now end up under the lens of the Constitutional Court.
Recovery of abandoned buildings, the caseThe owner of a property, located in the Municipality of Milan, appealed to the TAR, considering himself damaged by the implementation rules of the Municipality’s Rules Plan, which included it among the abandoned and degraded buildings.
According to the owner, the municipal rule was much more stringent than the regional one, ie article 40 bis of the Regional Law 12/2005, but also in contrast with it, which in his opinion was superordinate. For example, for the start of the restoration works of the building, the municipal regulations granted a term of 18 months and no incentives, while the regional law provided for a term of 3 years, the increase ofl 20% or 25% of the building rights and no obligation to obtain standards.
Recovery of abandoned buildings: competences of the Municipalities and land useThe appeal was not accepted by the TAR, which however froze the decision pending a ruling by the Constitutional Court on the legitimacy of article 40 bis.
According to the judges, the regional law is exhaustive and leaves municipalities only executive and implementation tasks, not safeguarding the power to municipal planning and the interest in an orderly structure of the territory.
The TAR underlines that, although the identification of abandoned and degraded properties is left to the Municipality, the owners can certify, with sworn appraisal, the existence of the conditions to be able to benefit from the facilitations of article 40 bis. An eventuality that prevents the Municipality from coherent planning and generates uncertainty regarding theimpact on the territory.
According to the judges, the concessions granted by the regional law would entail an increase in the settlement weight of the property not balanced by the finding of urban planning standards and the construction of urbanization works, thus placing themselves in contrast with the regional provisions on the reduction of land consumption.
The regional law, concludes the TAR, encourages situations of abandonment and decay in an absolutely discriminatory and unreasonable way, hence the possibility of obtaining volumetric bonuses and more favorable urban planning and building regulations than ordinary ones.
It now remains to await the ruling by the Constitutional Court.
Municipality of Milan: ‘now table to change the regional law’The Councilor for Urban Planning of the Municipality of Milan, Pierfrancesco Maran, commented from his Facebook page that he had always been convinced that the Regional Law on abandoned buildings is wrong in its objectives and unconstitutional in its form.
“I’m sorry that to pass these concepts we had to wait for an order in court – continues his post – and that the policy has not acted autonomously to remedy this undue interference on municipal regulations by the Lombardy Region, which also undermines fair treatment between owners, paradoxically favoring the risks of abandonment of properties. Recovery certainly does not involve giving bonuses to those who abandon, certainly not leaving the possibility of doing nothing for another 5 years “.
Maran then announced that he had asked for the activation of a working table to change the Regional Law.
Source: Edilportale.com by www.edilportale.com.
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