When and how can the morphological indications envisaged by the Plan be modified?

The morphological control of the interventions is composed of several integrated actions and prescriptions:

  • in the case of new construction, or in the case of recovery of the existing SL of a smaller quantity than that achievable with the maximum index, the achievement of the maximum indexes envisaged by the Plan (through equalized rights, ERS or incentives) with different implementation or deviation from the morphological norms will only be possible following the positive opinion of the Landscape Commission, as required by the various provisions of the articles. 19 paragraphs 4 and 5, 21 paragraph 8, 23 paragraph 4. Therefore, the implementation of interventions not adequately motivated by the proponent whose volumetric impact is not considered compatible with the urban landscape is not permitted;
  • the possibility of transferring the SL of the basement and basement floors, with modification of the shape of the building, is permitted exclusively in compliance with the morphological indications and, in case they are absent, this possibility is conditional on the consent of the landscape commission ;
  • it is not possible to modify the morphological indications provided for by the plan in the articles. 19, 21 and 23 in case of use of the volumetric incentives provided for by the same plan (for which only the reward for competitions provided for in art. 13 paragraph 11 is meant) added to other incentives deriving from higher-level instruments (and vice versa);
  • it is not possible to derogate from the morphological indications determined by the creation of accessory surfaces (AS) wherever made. In case of intervention with reuse of existing SL, for "creation of Accessory Surfaces (SA)" referred to in art. 6 paragraph 8 letter. b, means additional Accessory Surfaces compared to those calculated as existing. Accessory surfaces (SA) which do not imply a change in morphological indications such as balconies, loggias, terraces, galleries, as well as cellars, technical rooms and spaces for parking and maneuvering if located on the underground floors, can be freely created.
  • The accessory surfaces (SA) relating to the different calculation envisaged for existing hotel structures are always understood to refer to the existing SA integrated by the surfaces of the corridors to be recovered;
  • in case of exceeding the maximum building index foreseen in the Regeneration areas, as well as in case of construction of services and ERS for rent, referred to in the art. 9 paragraph 3 of the Implementation Rules of the Plan of Rules, contained within 20% of the existing SL or of the land building index relating to the area subject to the intervention, may also be admitted in modification of the morphological indications subject to the opinion of the Commission for the landscape;
  • in the cases foreseen in the previous point, but higher than 20%, in addition to the opinion of the Landscape Commission for the modification of the morphological rules, the intervention must be approved by the Municipal Council;
  • where possible, the request for modification of the morphological indications is always considered permitted in the event of approval of the project by the body responsible for buildings subject to direct or indirect restrictions pursuant to Legislative Decree 42/2004; for other properties the request, which must be positively evaluated by the Landscape Commission, must be accompanied by a historical-documentary report that has specific contents relating to the context both from a typological and morphological point of view and for the architectural aspects of the possible existing artefact object of the intervention and the relationships that the new project generates. The presence of such contents within the report is verified in advance by the municipal administration offices. This report is mandatory for interventions falling under NAF and ADR. In ARU areas, the request for modification is subject to the prior opinion of the landscape commission; 
  • the morphological indications are those indicated in the legend in table R.03 - Morphological indications - and those cited in articles 19, 21 and 23 of the implementation rules of the Rules Plan.

FAQ SUE n. 66 - Published on 20 March 2020

Updated: 22/04/2020