permits for the construction of a swimming pool
One of the questions most frequently we feel exhibit is: "What permits do I need to build a swimming pool?".
The Italian legislation is often just as confused and often misunderstood, so that may exist between neighboring municipalities considerable differences of interpretation and applications. One thing is certain: we need to apply for a permit, you can not build a swimming pool without permission. We want to recall here that the omission of the permit will involve all stakeholders: owner, designer and manufacturer, who will respond by law.
For a little light on this confusing subject, published an article that appeared in Profession Water, signed by Giuseppe Momo.
1. - Need of the title building
Title municipal building, which is necessary for the construction of swimming pools, continues to be the subject of doubt and uncertainty and give rise to many disputes in law and even legality of merit .
Given that "planning permission" as a measure legitimizing certain works, is ignored by the Consolidated Construction (TEU) and is therefore a measure fallen into disuse, the question is: when, for the construction of a pool is necessary permission to build and when can I file a Complaint Activity Start (DIA).
E 'well anticipate that today no one can believe more, as in the past, the possibility of including the implementation of free swimming in the activity building on the grounds that such transactions do not involve the transformation of the soil (so descriptive treats ) or the fact that artifacts are "buried" executable untitled.
About transformation of the soil, can be considered unique and long-established case law address the legality of that "are subject to the prior issuance of a permit to build not only the building work in the strict sense, but also interventions involving the transformation permanently undeveloped land "(Cass. pen. Sec. III, 01/27/2004, No. 6930)
Under this principle, the Court considered the offense built building in the transformation a small area (about Mq.70) from agricultural to parking for cars through the installation of gravel.
For subsequent cases, the approval of the Consolidated Building (June 6, 2001 Presidential Decree No. 380), we have "a permanent change in the ground," for which you need to put the license (now permit building), "where the topography of the area being altered as a result of excavations, earthworks, grading purpose other than agricultural uses, including those of tourism or sport. " (Most recently Cass. Pen. Sec. III, 04/04/2008, No. 14243).
As for the buried artifacts, just in case relating to the construction of pools, the Supreme Court has ruled that "constitute construction work requiring the prior issuance of a license (now replaced by planning permission following the entry into force of the DPR June 6, 2001 No. 380), not only those for the construction of artifacts that rise above the ground, but also wholly or partly underground to turn into a lasting commitment from the works area. " (Cass. pen. Sec. III, 09/27/2000, No. 12288; Cass. Pen. Sec. III, 04/29/2003, No. 26197).
Obviously, it makes no sense to speak of the title building necessary for the realization of the pool when the swimming facility is part of a broader context of design and construction, if the pool is made of the same, just to name a few, the structure care which is used for rehabilitation, the hotel pool or planned condominium building with swimming pool.
In such situations, generally, that the building permits necessary to implement the entire building complex which is part of the pool.
2. - Factors which may affect the diversity of the pool under construction
1. the regulatory framework, which may differ from region to region and from town to comune.Il Consolidated Construction plans for the regions with ordinary statute law may expand or reduce the scope of the provisions relating to the operations performed when the DIA and that no operator with the same title that construction must comply with the provisions of zoning, building regulations and discipline of urban planning and building regulations.
2. different structural characteristics that can take the artifact. It is clear that the volume and environmental impact is different depending on whether you want to build a swimming pool, an indoor pool or confined within closed structures, permanent or mixed or convertible with spaces for recreational activities that can be opened or closed, depending on weather conditions.
3. relevance to the condition of a property that the pool may have. The swimming facilities can be equipped to achieve constructive and functional autonomy but can also be linked by a bond pertinenziale with another property, to be voluntarily allocated to its service.
As for qualifying title building, it is one thing realization of an "independent", a very different thing is to give a building already existing pool (the villa, the Condominium, the Hotel, Catering, etc...)
3. - Permission to build
Permission to build, is a formal characteristic that allows the execution of building works or other interventions, the extent and within the limits defined therein and the specific administrative act legislation.
If, on expiry of the deadline for the adoption of the measure, the municipality has not taken that decision is a significant silence (as defined by state law) in the form of an implied rejection.
With reference to the discipline of urban-domestic building industry, according to the Consolidated Building, which is the national framework in which the discipline can join the regional and municipal planning permission is required for all new buildings and, involving a transformation housing and urban land.
It is, as I mentioned above, both items made of "above ground" as well as for those "underground", if there is a permanent transformation in the soil.
According to the predictions of building regulations, we can generally say that planning permission is always needed for the construction of a new swimming pool, not bound by a bond pertinenziale with another property.
The relationship between the two properties is appurtenant to the voluntary and permanent destination of one of them (if the pool) to the service of others.
that interventions should be considered appurtenant shall be subject to planning permission in two cases: * when
result in the creation of a volume greater than 20% of the volume of the main building;
* when the rules techniques of planning instruments in relation to zoning and environmental value and scenic areas, will qualify as new construction work.
4. - Complaint log in
The complaint Login (DIA) is essentially a measure of atypical hand, with the passage of time established by law (30 days) becomes qualifying title in all respects with the same legal permit build.
With this document, you can not do the works related to construction activity or free building permit, but must be in line with forecasts of planning instruments (zoning) of building regulations and town planning regulations.
to the fact that the complaint log in (DIA) can not do the works related to building activity free (maintenance) or the permission to build, with this objective appurtenant interventions that lead to the creation of a volume less than or equal to 20% of the volume of the main building, unless the technical standards of planning instruments in relation to zoning and environmental value and scenic areas, do not qualify as measures of new construction.
summarize and simplify on the qualifications for the pools appurtenant permission to build must be carried out when the volume is greater than 20% of the main building, or when the technical standards of urban planning tools consider interventions appurtenant "new buildings and, for the particular environmental value of the area.
When, however, the construction of the pool can be seen as intervention pertinenziale and volume to be carried out not more than 20% of the volume of the main building, you can complain login (DIA).
5. - Construction approval
must remember that the DL 23/01/1982 n. 9, converted into Law No 25/03/1982 94, repealed by the single, simple planning permission provided for the free "works constituents appliances or systems technology at the service of existing buildings."
The planning permission, as a measure legitimizing certain works, has been ignored by the Consolidated and is a measure fell into disuse after its entry into force.
interventions for which planning permission was required are generally absent with the procedures applicable to the DIA.
However, many municipal building regulations still provide for a series of works subject to planning permission " and indicate the procedure for release.
6. - Restricted area of \u200b\u200bthe relevance of urban
For the Civil Code (art. 817), relevance is a good instrument panel in a lasting relationship of subordination with other (primary) pre-existing, to make it easier and functional use, so that is one place to long service or other ornament.
However, consider that the law that in their building, the notion of relevance urban area has a more restricted because it is defined in relation to the necessity and objectivity of the report pertinenziale, is the consistency of the work, which should not significantly alter the land.
appurtenant works, to be removed from the system of the building permit and subject of the complaint to the login, although it could have special features like its own physical identity and its own structural conformation, must be placed on a functional and objective serving the main building.
Furthermore, it must have an independent market value in the sense that their condition must not allow a target independent and different from that service the property to which they are linked.
In their building, Therefore, we must distinguish the concept of relevance provided by civil law, the narrower concept of relevance understood in urban, does not apply to those buildings that, although it could be classified as assets in accordance with the regulations appurtenant private law, however, assume a function independent, resulting in their subjugation to the licensing system.
Because we can talk about urban destination instrument relevance to the needs of the building principal, must be supported in functional terms by objective evidence, such as small size (both in absolute terms and compared to those whose service is complementary) , the location, the economic value than the main thing and the reduced load planning. (See Cons. State Sec. V, 06.13.2006, No 3490)
7. - The specific case law on the nature of the pools pertinenziale
shall consider only the most recent case of legitimacy, which occurred after the approval of the Consolidated Building.
A Criminal Court of Cassation in 2004, confirming a previous address, stated that the notion of relevance urbanism, "in light of the TU building (Presidential Decree No. 380 of 2001), is anchored not only to the objectivity of the report pertinenziale, but also the absence of an independent market value and the consistency of the work, which is kept below the minimum measures, so as not to significantly alter the land and in this sense, the construction of a swimming pool concrete Armed with an adjoining dressing room and retaining wall, not a sense of relevance in urban and therefore requires planning permission. " (Cass. pen. Sec. III, 10/27/2004, No. 46758).
Another sentence for the same period, deciding on the construction of a concrete swimming pool (size of mt. 11 to 5.50, between 1 and 2 meters deep) and a dressing room with the adjacent retaining wall , determined that these artifacts are not a relevance in the urban sense, being works for which independent use and dimensions are not negligible. " (Cass. pen. Sec. III, 02/12/2004).
The State Council has also ruled out the kind of pertinence to a large pool in an area where it was possible only "manufactured homes for agriculture" and not "mansions and villas." (Cons. State Sec. V, 29.05.2006, No 3266).
The decision reiterated that the nature of the relevance of a building must be assessed with reference to the intervention mainly because it has to exclude it if the work is "completely disproportionate" in size, type and characteristics of the area from the main intervention.
The same government has also established that when, in fact, the new work lacks ancillary functional autonomy and self-value compared to the main item can be considered to all effects.
This is the clear principle be: "A swimming pool built on private property in support of the same exclusive, non-real estate has its own autonomy, but must be regarded as attributable to the property exists, it was intended to be used to serve the same In its main asset configuration "(State Council, sect. IV, 08 August 2006 No 4780 - Compliant TAR Veneto Venice Sec. II Sent., 10.31.2007, No 3489 - TAR Lombardia Brescia Sec. I Sent., 05.06.2008, No 482).
Some administrative courts have confirmed the prediction of single text building, appurtenant that interventions should be considered new construction (ie subject to planning permission) "only if designated as such by the technical standards of planning instruments in relation to zoning and environmental value and co-landscape areas, or if they involve the creation of a volume greater than 20% of the volume of the main building "(TAR Lombardia Milano Sez. II Sent., 06.11.2008, No 1964 - TAR Piemonte Torino Sez. I, 11/22/2006, No. 4377 - TAR Piemonte Torino Sez. I, 08.11.2006, No 4085). The Supreme Court Criminal
with a recent decision also clarified other aspects of operations appurtenant.
deciding on a situation in which it was built without planning permission on the ground, bound by the terms of scenery, an irrigation reservoir in the service of a nursery, which the defense argued the nature of the appurtenance, decided that the pertinence may well refer to a non-residential property, but it must still be a building and not a surface.
This is the principle of law laid down in the maxim: "It is a configurable relevance in relation to a fund Agricultural area or, as it can not disregard the connection between relevance and a building, though not necessarily residential.
In conclusion:
* the planning permission may be requested only if rules provide regional or municipal building code of the municipality concerned, specifically, to develop the type of pool to be executed;
* login to the complaint must be filed if the construction of the pool can be seen as intervention pertinenziale provided that the volume to achieve does not exceed 20% of the volume of the main building and further provided that the technical standards of urban planning tools do not consider the actions appurtenant still "new buildings and, given the zoning and environmental impact and landscaping;
* permission to build is in all other cases.
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