The publication in the Official Journal of the Sicilian Region is scheduled for 8 November 2024, but the transposition of the “Save Casa Sicilia law” in the Sicilian Region is now concluded, with the approval by the Sicilian Regional Assembly (ARS) of the bill “Urgent provisions regarding building and urban planning simplification”.
This new provision follows the clarifications of the Sicilian Region Urban Planning Department, reported in the Circular of 8 August 2024, n. 12002. This circular had distinguished the articles of the Presidential Decree. n. 380/2001 (Consolidated Construction Law), amended by Law no. 105/2024 conversion of the Legislative Decree n. 69/2024 (Save Home Decree), in:
– articles immediately applicable, as they are dynamically transposed (articles 2-bis, 9-bis, 23-ter, 24, 31, 34-bis and 37);
– articles not applicable as they have been implemented statically or have been newly introduced (articles 6, 10, 32, 34-ter, 36, 36-bis).
Following this circular, the bill was approved by the Regional Council. The approved bill includes the following articles:
Art. 1 – Amendments to the regional law 10 August 2016, n. 16
Art. 2 – Transposition of articles 34 ter, 36 and 36 bis of the Presidential Decree of 6 June 2001, n. 380
Art. 3 – Transposition of the Legislative Decree 29 May 2024, n. 69, converted into law 24 July 2024, n. 105
Art. 4 – Final and coordination rules
Art. 5 – Repeal of regulations
6Art. 6 – Financial coverage
Art. 7 – Entry into force
The definitive text approved by the ARS is not yet known, but the president of the ARS declared: “The new law allows us to rationalize the management of the territory in Sicily, adapting it to national news. With the implementation of the “save-home” law, Sicilians will be able to benefit from the same rights guaranteed in the rest of the country. It is a commitment we have kept. I thank the parliamentary forces for their support for this rule of simplification and rationalization of territorial planning tools.”
The regional councilor for Territory and Environment, Giusi Savarino, added: “The approved rule streamlines some passages of law 19 of 2020, resolves coordination problems that arose during the application phase and aligns regional legislation with national changes. We have also implemented the “home-saving” part that did not operate dynamically in Sicily, thus putting us in line with the rest of Italy. This will allow us to unblock the real estate market and simplify construction, generating new revenues for the Municipalities which will be able to invest in the redevelopment of the territory.” [read the declarations]
The new law not only implements the Save Home Decree, but also introduces innovations regarding:
– the process of preparing the general urban planning plans (Pug), the detailed implementation plans (PPA), and sets the deadline for the adoption of the general master plans (Prg ) to 31 December 2025;
– changes to the regulations for productive interventions in agricultural greenery;
– extensions of buildings for use other than residential;
– the expansion of the register of commissioners to acta, including managers of the State and local authorities to approve urban planning instruments to replace non-compliant local authorities.
As regards the Save Home, articles 34 ter, 36 and 36 bis and the provisions relating to free construction, building permits, determination of essential variations have been dynamically implemented and partial discrepancies from building permits.
