PIANO CASA FOR SICILY – THE PRECIS | Charming houses in Sicily

Piano Casa

PIANO CASA FOR SICILY – THE PRECIS    

This is an edited translation from the Giornale di Sicilia 13 August 2009

Extensions, demolition and reconstruction: all in 10 articles of piano casa – but stil to be approved by the directorate.  The objective is to ‘better the quality of housing’ and ‘to favour the wider take up of ecological and sustainable energy sources’ as well as ‘the reduction of seismic risk’.  The works can also regard buildings which are protected ‘on the condition that they are properly authorized by the office responsible for the listing’.

EXTENSIONS

Article 2 regards extending buildings and relates only to legally constructed buildings, with a certificate of completion of works issued before 31 December 2008.  These can be extended up to 20% of the volume if residential and 20% of the square metrage if commercial or other.

TWorks of extension in a condominium must be according to the Codice Civile – ie with the others consent.  Extensions are allowed adjacent or upwards with respect to the existent building, and possibly by building or the addition of a separate building ‘ pertinential or accessorial by nature’.

RECONSTRUCTION

Article 3 fixes the rules for rebuilding – demolition and rebuilding with an amplified surface area, and applies only to buildings completed before 31 December 1989.  The rules are to bring buildings up to standard with regard to qualitative standards, hygiene, sanitation, architectural, ergetic, technological, and safety aswell as antiseismic measures.  With reconstruction the volume can be increased by up to 25%.  This can be augmented up to 33% if the owner decides to use bio-building/green methods inclusding renewable energy sources.  The law also provides the possibility to rebuild on a different area to that existent as long as it is nearby and ‘buildable’  The square metrage of the demolished building will automatically bring a ‘vincolo’ of non-buildability.

DISCOUNTS ON THE FEES AND CHARGES

Article 4 details the discounts available.  In the case of extensions the new area will be calculated only according to the new area and then discounted by 20% - For example if you add 20% to a 100mq house bringing it up to a property of 120mq, you will pay the fees only on the new 20mq and those will have a discount of 20% meaning you will pay fees only on 16mq.  If it is your first house the reduction will be 50% (in the same example fees will be payable on 10mq).

For reconstruction after demolition the fees are calculated on the basis of 80% of the new square metrage (or 50% if it is a prima casa) Fees and charges raised in this way must be used by the commune for the requalification of existing communal buildings and parks.  Comunes must also publish a list of the works undertaken under piano casa to prevent people using the concessions twice.

ABUSIVE BUILDINGS ARE EXCLUDED

 Article 6 fixes the goalposts for the application of the law. It is precise in its requirements that for any extension or reconstruction a concessione edilizia is required, therefore the assent by silence is no longer part of the decree.  Any request to  take advantage of piano casa must be submitted within 24 months of the date of enactment of the decree, and show that the building was built according to the planning laws at the moment of its original construction.  No augmenting of the volume of a building will be permitted even if it is partially abusive, subject to a decree of demolition, or if it built in on demenial land, destined for public use or declared inedificable by law.  Also excluded are the commercial buildings in commercial centres etc.  There is also space for a ‘saving’ clause for buildings of a particular cultural heritage or those in an area of outstanding natural beauty.

POWERS OF THE COMUNES

Within 90 days of the decree becoming law the commune has to identify any buildings or zones which cannot take advantage of the piano casa, or which will have different allowances.  All of this to allow the communes their autonomy in planning.  Also, if there is a lack of personnel in the responsible offices,the commune can stipulate contracts with private professionals – and their pay will be covered by the fees and tariffs paid by applicants.

THE ‘BOOK’

Article 7 introduces the obligation of the socalled ‘libretto casa’ for a building subject to works – and its lack will result in no certificate of habitation being released.  The contents will be revealed in a regional decree within 90 days of the original decree becoming law, but it is certain that it will result in a sort of ‘carta d’identita’ for a house.