Once the deadline for the adoption of the final measure for the building permit has expired in vain, in the event that the manager or office manager has not objected to a reasoned refusal, the permit request is deemed to have been formed by the silent consent, even if the area or property is subject to hydrogeological, environmental, landscape or cultural constraintsprovided, however, that the specific authorization, authorization or consent document issued by the authority responsible for the restriction has been acquired in advance.
The novelty, which broadens the meshes of silent assent within the scope of request for building permit, concerns cases in which one does not choose not to resort to the services conference, that is, when the interested party decides to present the application for the issuance of the title to the Municipality after having obtained approval from the authority responsible for the bond. It’s about innovation foreseen in the draft bill on the simplification and digitalisation of procedures approved yesterday, on the evening of March 26, by the Council of Ministers.
Dl Bonus reward
Surprisingly, the government also approved a further Dl on building bonuses which was not on the agenda of the meeting and that «eliminates any type of discount on invoices and transfers for all types that still provided for it», explained the Minister of Economy, Giancarlo Giorgetti at the end of the Council of Ministers. «We have eliminated – he continued – the provision of the institute of remission in goods which would have allowed corrections until 15 October 2024 with the payment of a minimum sanction for all communications already made and then we have provided for a preventive communication for all new cases, when work begins, in order to have a preventive monitoring of the phenomenon, not simply when the invoices are uploaded to the Revenue Agency platform”. “We have added compensation with respect to debts for those who intend to take advantage of tax credits with respect to debts definitively ascertained towards the treasury”, the minister further explained.
The Simplifications Legislative Decree: amendments for silent consent and self-protection
«Article 16 refers to the possibility of resorting to silent consent for the permit to build on listed properties» explained the Minister for Public Administration, Paolo Zangrillo during the post-Council press conference in which he illustrated the main contents of the administrative simplifications launched. “The possibility of resorting to silent consent which is introduced with this simplification – the minister specified – must be accompanied by all the authorizations that must be granted in order for construction to proceed”.
The provision also includes «a rethinking of theself-defense institute, which is the institution with which the public administration can cancel a measure deemed illegitimate: the regulations provided for 12 months to activate this institution. We reduce them to six”, the Minister for Public Administration further explained.
Silence-consent for restricted properties
The expansion of silent consent goes from modification to Consolidated Construction Law (Presidential Decree 380 of 2001). More specifically, the bill proposes the rewriting of paragraph 8 of article 20 dedicated to procedure for issuing the building permit. Currently – it should be remembered – the Tu excludes the formation of silent consent once the terms for the adoption of the final measure of the building permit have expired in cases where there are hydrogeological, environmental, landscape or cultural constraints, for which the specific provisions on the conference of services. Provisions, contained in the law on administrative procedures (law 241 of 1990), which however provide ad hoc rules to overcome the silence of the administrations called to give their opinion.
Now the bill proposes the cancellation of this ban, opening up the formation of silent consent outside of service conferences, i.e. for those who apply for the issuance of the building permit to the Municipality after having obtained the authorization required by law for the presence of the specific constraint.
For the measure to become operational, the bill must continue its process. It will be examined and amended by Parliament before becoming law and being published in the Official Journal.
Art. 20, paragraph 8 of the Building Law with the amendments proposed by the Legislative Decree
(edit in bold)
Once the deadline for the adoption of the final measure has expired without success, if the manager or office manager has not made a reasoned refusal, silent consent is deemed to have been given to the building permit application, except in cases where there are relative constraints. to the hydrogeological, environmental, landscape or cultural structure, for which the provisions of articles 14 and following of law 7 August 1990, n. apply. 241.
In cases where there are constraints relating to the hydrogeological, environmental, landscape or cultural structure, if specific authorization, authorization or act of consent, however named, has been previously acquired in relation to the same intervention by the authority responsible for looking after such interests, the silent consent, upon the occurrence of the conditions provided for in this paragraph, is in any case considered to have been formed.
Without prejudice to the effects produced by silence, the one-stop shop for construction also issues electronically, within fifteen days of the interested party’s request, a certification regarding the expiry of the terms of the procedure, in the absence of requests for documentary integration or outstanding investigations and denials; otherwise, within the same term, it informs the interested party that such acts have occurred
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published on: 03/27/2024