{"id":65753,"date":"2026-02-13T19:17:15","date_gmt":"2026-02-13T18:17:15","guid":{"rendered":"https:\/\/dev.investinitalyrealestate.com\/?post_type=vademecum&p=65753"},"modified":"2026-02-14T16:57:41","modified_gmt":"2026-02-14T15:57:41","slug":"urban-transformation","status":"publish","type":"vademecum","link":"https:\/\/dev.investinitalyrealestate.com\/en\/vademecum\/art\/asset-development\/urban-transformation\/","title":{"rendered":"Urban Transformation"},"content":{"rendered":"

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Instrument<\/h2>\n

Urban transformations may concern: change of use of the building and variations to town plan. Any work must comply the with city planning\u00a0and sectoral legislation (Art. 12, 22 and 23, D.P.R. no. 380 of 2001<\/a>). In order to fulfil the authorisation procedures concerning works it may be necessary to pay development fees, monetisation costs or other administrative fees. Each Municipality may establish a different amount for the aforementioned costs, according to the kind of works to be carried out.<\/p>\n

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Procedure<\/h2>\n

Amendments of the Use of the Building
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If the investor intends to amend the use of a property into one of those \u00a0allowed by planning regulations, he shall submit a specific request to obtain the required authorisation for the amendment of the use (submitting a Building SCIA, a certified notification of commencement of the activity signed by a technician, where declaring that the works are going to start, is usually sufficient).<\/p>\n

By submitting a Building SCIA, the investor\/owner may be forced to fit with urban standards (parking lots, green areas) or to monetise them (pay the Municipality an alternative amount).<\/p>\n

Any kind of transformation (including the change of use of the building) to be put in place on cultural property is made conditional upon prior authorisation in accordance with Art. 21 and 22, D.L. no 42 of 2004<\/a> as amended or added. The cultural authorisation<\/a>\u00a0is issued by the competent authority (Suprintendence) upon presentation of a project or, when sufficient, of a technical description of the works, both submitted by the applicant, and it could include provisions. If the works do not begin within five years from the granting of the authorisation<\/a>, the Superintendent may set out provisions or integrate or modify the current ones in relations to changing conservation techniques.<\/p>\n

When the transformation involves buildings and\/or areas\u00a0having landscape interest and beeing protected by law, the authorisation process is regulated by\u00a0Art. 146, D.L. no. 42 of 2004<\/a>\u00a0as amended or added. The landscape authorisation<\/a>, 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.<\/p>\n

Amendments to Urban Planning Regulations<\/h3>\n

If the investor intends to amend the use of a property into one not allowed by current and\/or adopted planning regulations in the area in which it is located, he can\u00a0submit\u00a0a request of “amendments to Urban Planning Regulations” to\u00a0the competent Municipal authority. Pursuant to Art. 10, L no. 1150 of 1942<\/a> as amended or added, any amendment to the urban plan must be approved with the same procedure established for the approval of the original plan and, as such, it\u00a0will follow the same administrative process. Given that sector-specific rules for territory management fall under the competence of\u00a0the Region, the applicant shall abide by regional\u00a0legislation in order to follow the specific procedure laid out to obtain an amendment of the urban plan.<\/p>\n

An alternative tool which can be used\u00a0for amending the urban plan\u00a0is the so-called Programme Agreement<\/a>\u00a0(Accordo di Programma<\/em>): an unanimous agreement between competent public administrations aiming at approving the projected urban planning amendments. The agreement must be approved by the City Council of the competent\u00a0Municipality.<\/p>\n

More specifically, the President of the Region, the President of the Province or the Mayor may, with regards to primary or prevalent responsibility on the transformation, promote the conclusion of the Programme Agreement<\/a>, even at the request of one or more stakeholders in order to ensure the coordination of actions and to establish time, modalities, financing and any other relevant obligation.<\/p>\n

The Programme Agreement<\/a>\u00a0is made up by the following prodromal phases:<\/p>\n