Building transformation means developing and increasing the value of an asset, carrying out considerable works.
If the development concerns already-sold public assets and requires a building transformation including extensive works, the private investor shall obtain, after submitting the appropriate request, a building authorisation which, according to the specific circumstances and to the characteristics of the project, can be a Building Permit, an Agreed Building Permit or, alternatively, a Building SCIA (certified notification of commencement of the activity).
As far as transformation works can be realised through a public-private partnership (project financing), the applicable law (i.e. Testo Unico per l’Ediliza, DPR n. 380/2001) is slightly different f compared to ordinary law established and applicable to private activities, in accordance with Art. 7, D.P.R. no. 380 of 06/06/2001, entitled “Public Administrations’ building activity”.
It follows that the private investor must submit to the competent authority (the Municipality in which the property is located) the following documentation:
- The documentation required to request a building permit, an agreed building permit or a Building SCIA (certified notification of commencement of the activity) for private works;
- The technical and economical feasibility project pursuant to Art. 23, D.L. no. 50 of 2016 in case of project financing.
Any kind of transformation concerning properties having cultural, historical, artistic or landscape interest mai be made conditional upon a prior authorisation in accordance with Art. 21 and 22, D.L. no 42 of 2004. This authorisation is issued by the competent authoritie (superintendency) through the presentation of a project or, if sufficient, of a technical description of the works to be realised, both submitted by the applicant and signed by a technician, and may include provisions. If the works do not begin within five years from the granting of the authorisation, the Superintendent may set out provisions or integrate or modify the current ones in case of changes to the conservation techniques. In case of works on properties or areas having landscape interest, protected by law, the authorisation process is regulated by Art. 146, D.L. no. 42 of 2004 as amended or added. The landscape authorisation, as well as the cultural one, is an autonomous permit and, with some exception, it must be obtained before any building permit or any other permits allowing works on the building. It is effective for a period of five years and once expired, any further building project must be newly authorised.
For further details, please see the following table.
Time are shown in the aforementioned table as depending on the type of project to be realised and, consequently, of the type of authorisation requested (building permit or Building SCIA replacing a building permit).
The private investor bears all costs related to the preparation of any documentation needed for requesting the building authorisations (a building permit, an agreed building permit or, altervatively, a Building SCIA), including any secretariat/appraisal costs, as well as those costs related to development fees, monetisation costs or other fees concerning the works, if needed.