Super bonus in area with landscape restrictions, no demolition and reconstruction with modification

07/10/2021 – Close to building renovations on all restricted properties. The Ministry of Cultural Heritage and Activities (Mibac) intervened in the Environment Commission of the Chamber to answer the question proposed by the Hon. FI Piergiorgio Cortelazzo.

The response of the Mibac is destined to have an impact on Superbonus, eco-bonus and sismabonus and is in contrast with the opinion given in August by the Higher Council of Public Works (CSLP).

Building renovation, no changes to restricted areas

Hon. Cortelazzo asked for clarifications on the Simplification Decree of 2020 (Law 120/2020), which amended the Consolidated Law on Construction (Presidential Decree 380/2001) establishing that the interventions of demolition and reconstruction with different shapes, planovolumetric and typological characteristics and volumetric increases must be considered building renovations.

The Simplification Decree provided for the faithful reconstruction of buildings subject to restrictions, but did not clarify whether this limit applies only to prestigious buildings or even those, without testimonial value, but located in areas with landscape constraints.

Mibac in its reply explained that with the term “real estate”, the legislator means “both the areas subject to restrictions as such and the buildings included in the same areas”.

This means that the limit of faithful reconstruction applies not only to buildings with intrinsic characteristics of architectural value, but also to buildings falling within protected areas, which could appear to be of no value.

According to Mibac, the choice of the legislator is consistent with the notion of landscape protection, which refers to the shape of the territory in its profiles of aesthetic and testimonial value given that, as also affirmed by the Constitutional Court with the sentence 367/2007, “the concept of landscape indicates, first of all, the morphology of the territory, that is, it concerns the environment in its visual aspect “.

Landscape protection, reads the Mibac response, “intends to preserve the conformation of the state of the places, safeguarding the territory from any transformation that is aesthetically perceptible, and therefore also includes interventions carried out on buildings included in restricted areas as a whole. “.

Building renovation, from CSLP yes to changes in restricted area

The response of the Mibac is in contrast with the opinion provided by the CSLP with a circular issued last August. In the circular, the CSLP underlined that the Code of Cultural Heritage and Landscape provides for the protection and enhancement of two types of heritage: cultural heritage, contained in part II and landscape heritage, treated in part III.

According to the CSLP, these are goods with different distinctive characters, to which they correspond distinct protection procedures. This has led the CSLP to believe that the restrictions do not apply to protected properties because they are included in areas subject to landscape constraints, but in themselves devoid of intrinsic historical, artistic or architectural value.

In September, after the circulation of the CSLP circular, the National Association of Italian Municipalities (Anci) intervened to ask for the involvement of Mibac, in order to have a certain regulatory framework. Mibac’s response, however, does not go in the desired direction.

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Source: Le ultime news dal mondo dell'edilizia by

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