[ad_1]
Rome December 22, 2020 _ For the squatters it seemed done: a Christmas Building Amnesty. Today the assembly of the Region Emilia romagna it would have had to pass a bill which, in fact, would have allowed it in part even using the tacit consent mechanism. But the Greens denounced the operation, public opinion flared and the governor Bonaccini hit the brakes.
“Amnesty? Our goal _ he said in a note released at night _ is the opposite. Amnesties are alien to our politics and the culture of Emilia Romagna. I do not want shadows or misunderstandings. That is why I ask that in the ongoing confrontation in Legislative Assembly to eliminate the parts of the bill that are not strictly linked to the only objective we seek: greater simplification to favor the use of 110% of ecological superbond. ”There are two articles, in particular, related to ongoing investigations in the Municipalities with respect to past construction amnesties practices (1985, 1994, 2004), provided for by national regulations, certainly not regional ones, and to the requalification of hotel accommodation facilities. We are not talking about forced or improvised insertions, but of real problems that must find a correct solution. In the last few days I have read and heard many misleading and misleading statements, imaginative reconstructions and unfounded criticisms. But I have also heard legitimate concerns, proposals that I intend to examine, reasonable requests for more information. And I do not want at all to escape from the comparative and common sense proposals, quite the opposite. And that’s why I say that we immediately pass the part related to the remodeling, which is the heart of the law itself. We will continue discussing the rest, removing limits, if there are any, and even alibis, if there are any ”.
as well last summer Giuseppe made a new attempt Conte trying to insert the amnesty within the simplification decree. The green angel Bonelli I noticed it, I P.S he intervened and the premier had to remove the rule. Conte, however, did nothing more than propose again the content of a regional law of the Sicily wanted by Crocetta, challenged by the Government RenzAlways on the recommendation of the Greens, and then canceled by Constitutional court.
This time a very similar operation was contained in the regional bill launched by the Executive on November 16 in the “urgent measures to promote urban regeneration of historic centers and favoring the interventions to enable buildings “object of the super bonus at 110%.
The heart of what was at risk of becoming a “silent amnesty” were articles 34 and 35. The first establishes the principle of “silent assent” stating that “the attestation of the tacit consent of the real estate amnesties is issued within the six months following the presentation of the application of the interested party, if none of the following impediments occurs: the failure to present, within the period established by law, the required documents, in thisincluded the shortage Photographic representation of the property that does not allow the valuation. abuse with respect to seniority; the determination of significant omissions or inaccuracies found in the domainforgiveness or falsification of documentation; non-payment of charges owed; the contrast with the limitations that the absolute non-construction of buildings entail; there shortage of the favorable opinion of the authority in charge of the protection of the surety. “Not even in the two amnesties that Berlusconi made in the building had they proposed tacit consent.
Instead, Article 35 allowed a series of simplified variants for municipalities on the coast of the Emilia Romagna region in order to “promote the qualification of the regional tourist offer, with special reference to hotel facilities and promote regeneration interventions in urban areas characterized by an important tourist vocation”. The simplified variants provided for by art. 35 however, they will be able to make land that was not buildable, to exclude hitherto protected settlements from the restrictions (for example, placing sections of territory in the completion area, subtracting them from the Galasso law restrictions), increase volumes and heights, reduce distances from borders, modify urban and usage destinations, so much so that abuses hitherto non-curable would magically turn into him. Thus, once the simplified variants are approved, the abuser may condone everything, using section 5 of article 35, which precisely provides for the application of article 17, second paragraph of regional law 23/2004, which allows requesting amnesties for abuse. absent at the time of the amnesty request. And not only would articles 34 and 35 exist. The modification of articles 17 and 17 bis provided that the amnesty permit could allow the necessary interventions to be carried out after their release to carry out the building interventions, including the structural ones necessary to regularization. of the property, within a reasonable period assigned by Sportello Unico. The art. 27 provided that the full payment of the oblation automatically entails the amnesty. Another additional article allowed the abuser to propose an agreement to obtain an adequate term to proceed with the demolition of the abusive work, a rule that contrasts with art. 41 of Legislative Decree 380/01 modified by article 10 bis of the simplification decree.
It was too much also because in case of approval the operation presumably would have been repeated in other regions. The Greens had announced on Sunday that they were preparing “the necessary acts to ask the government to block the law.” “As soon as it is approved _ warned Angelo Bonelli _ we will present an appeal to the Government to challenge the regional law in accordance with article 117 of the Constitution, as the Greens also did with the law of the Campania Region, which was rejected by the advice”. Faced with the controversy that was beginning to have an echo in the press, Bonaccini decided to stop the text ready for approval. Tomorrow we will see what remains and if the amnesty is denied again.
.
© All rights reserved
