Institutional portal - Municipality of Milan

Appurtenant box created in surface right or right of use, below areas intended for services of public interest and general interest.
To the internet page www.comune.milano.it/boxinconcessione it is possible to find information on the procedures currently in force for the transfer of these boxes, reported in a specific list on the site.

Appurtenant box built underground in a public area and purchased with an agreement from the Municipality of Milan.
Pursuant to art. 115 paragraph 2 of the RE, appurtenant car parks created on municipal areas or underground thereof, intended for private properties they cannot be sold separately from the real estate unit to which they are linked by pertinent constraints and the related transfer deeds are void, with the exception of an express provision contained in the agreement stipulated by the Municipality, or when the latter has otherwise authorized the transfer.
In this case, if the agreement stipulated by the Municipality regulates that the box can be freely sold separately from the accommodation, a request for determination of the maximum selling price of the box can be forwarded to the Implementation Planning Area 2 - Valorisation and Evaluation Unit of the Municipality of Milan. in question using the form attached to the following link https://www.comune.milano.it/servizi/rpv

Appurtenant box created with the methods established by Law 122/1989 (Tognoli Law).
The ownership of the car park/garage created according to the methods established by the Tognoli law on a private area can be transferred separately from the real estate unit to which the car park has been linked by appurtenant constraint, provided that it is simultaneously intended to belong to another real estate unit located in the same Municipality (art. 10 of the Legislative Decree of 9 February 2012, n. 5, converted by law of 4 April 2012, n. 35, which replaced art. 9, paragraph 5, of law of 24 March 1989, n. 122) , and pursuant to art. 115 of the Building Regulations also to neighboring municipalities. Therefore, the Municipality will not have to issue any explicit authorization for the dissolution of the appurtenant constraint for the sale of the garage separately from the real estate unit provided that it (the garage) is intended to belong to another real estate unit located in the Municipality of Milan or neighboring municipalities.

Appurtenant box created for the recovery of the attic.
Pursuant to art. 64 paragraph 3 LR 12/2005 "The recovery interventions of the attics for residential purposes, if aimed at the construction of new real estate units, are subject to the obligation of finding spaces for appurtenant parking.......or to the related monetization in the event that the impossibility is demonstrated, due to lack of availability of suitable spaces to fulfill this obligation. The relevant relationship, guaranteed by an act to be transcribed in the real estate registers, is binding for oneself, for one's successors or assignees to any title".
In the absence of a different legislative indication, the ownership of the appurtenant car park created on private property for the recovery of the attic can be transferred separately from the real estate unit to which the car park has been linked by appurtenant constraint provided that it is simultaneously intended for the appurtenance of other real estate unit located in the same Municipality (art. 10 of Legislative Decree 9 February 2012, n. 5, converted by law 4 April 2012, n. 35, which replaced art. 9, paragraph 5 of law 24 March 1989, n. 122) and therefore does not require any authorization from the Municipality. However, the art. 66 paragraph 1 of LR 12/2005 provides that these parking spaces can also be found outside the lot to which they belong, without distance limits from the real estate units to which they are linked by relevance relationship as long as they are within the municipal territory. Furthermore, since the relevant relationship is guaranteed by a deed to be transcribed in the real estate registers, the construction case has been perfected and therefore monetization is no longer permitted.

FAQ SUE n. 97 - Published on October 12, 2022