Is it possible to recover an attic in the NAF with only the modification of the pitches and not the ridge, which remains unchanged?

It is necessary to recall the art. 64 paragraph 1 of the Regional Law. 12/05, pursuant to which within the ancient nuclei "compliance with the maximum height limits of the buildings set by the urban planning instrument must be ensured; in the absence of limits, the maximum height must be considered equal to the existing one".

In the NAF therefore, in the absence of a maximum height limit established by the urban planning instrument, the height of the building must remain the existing one, i.e. it is not possible to intervene by modifying the heights of the ridge and eaves of the roof nor the slope of the pitches.

In fact, without prejudice to the definitions of height deriving from the Uniform Technical Definitions, the expression "the maximum height must be considered equal to the existing one" reported in the regional regulation is to refer to the "physical" conformation and height of the roof, in its individual parts ; the aim is to ensure, in the absence of provisions regarding the heights of urban planning instruments, the conservation of the existing, avoiding the distortion of the architectural profile of the built areas of particular architectural value such as those of the NAF.
Therefore, the modification of the slope of the pitches constitutes a modification of height, in the case of recovery of the attic.

According to the PGT of Milan, the only case in which the indication relating to changes in the height of buildings is found in the NAF, for which it is therefore possible to modify the roofs in attic residential recovery interventions, concerns buildings falling within the discipline referred to in the art. 19.2.d referred to in the PdR of the current PGT, subject to the admissibility opinion of the Landscape Commission and in compliance with the indications contained in the same letter. d.

However, the recovery of the attic is permitted without modifying the heights of the eaves and ridge and the slope lines of the existing pitches, without prejudice to the opening of windows, skylights, dormer windows and terraces to ensure compliance with the air lighting requirements and to ensure the well-being of the inhabitants. 

FAQ SUE n. 40 - Published on 6 March 2020

Updated: 26/11/2021