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After three investigations closed with the hypothesis of the crime of building abuse, and another ten which are being studied by the Milanese prosecutors, the Municipality of Milan issues the guidelines following what was defined by the investigating judge and the investigators, on a prudential basis. Therefore, a simple Scia (self-certification) will no longer be enough but permits or implementation plans will be needed to release the right to construct buildings over 25 metres, even when it comes to demolitions and reconstructions, if there has been a change in “shape” .
Having approved a self-protection resolution last February 23, Palazzo Marino thus moves on to concrete indications for the urban planning sector. As regards new buildings or demolitions aimed at reconstruction “with a different shape”, with a height exceeding 25 meters or with a volume exceeding 3 cubic meters per square metre, the interventions must be either subjected to “implementation plans” – if there are are interventions with elements of significant “deviation from the morphological norms envisaged by the PGT” or in the case of “interventions in an unbuilt or poorly built area” – or subjected to “specific in-depth analysis”, in order to better evaluate the urban context, the presence of free spaces or areas, the need for urbanization, and if the context is already urbanized you can proceed with the “building permit or agreed building permit”. Finally, it is explained that if there are no traces of the pre-existing property or the number of buildings changes, the intervention will be classified as a new construction.
As regards monetization, i.e. the mechanism by which a private individual compensates the public for the lack of urbanization works if there are no spaces, it is added that “it is appropriate to evaluate the public interest”, which will be carried out with the “coordination of the General Management which will evaluate the involvement of the competent departments”.
However, the councilor for urban regeneration Giancarlo Tancredi underlines his belief that «the municipal administration has operated correctly, but given the situation we think we must take this as an act of responsibility. However, a quick solution by the judiciary or the legislator remains a priority.”
There are three main investigations, already closed, by the Milan prosecutor’s office on the hypothesis of the crime of building abuse, with construction projects exceeding 25 metres: that of via Crescenzago, via Stresa and piazza Aspromonte. The files are similar: according to the investigators, self-certifications (Scia) were used instead of permits and implementation plans, necessary due to their urban planning and population impact. The suspects are municipal officials, company managers and architects. Under the prosecutor’s lens, however, there is a further dozen cases, to which are added several dozen more which may give rise to dossiers, not yet examined but already identified.