Institutional portal - Municipality of Milan

Pursuant to art 51, paragraph 1 of Regional Law 12/2005, the intended use of an area or building constitutes the function or set of functions permitted by the planning tools for the area or building , including, for buildings only, those compatible with the main destination deriving from definitive building amnesty measures.
The qualifying intended use is the main one.
Any further intended use that integrates or makes possible the main intended use or is provided for by the general urban planning instrument as pertinence or custody is complementary or accessory or compatible.
The main, complementary, accessory or compatible destinations, as defined above, can coexist without percentage limitations and the transition from one to the other is always permitted, except for those possibly excluded from the PGT. 
The change of intended use is regulated by articles. 51 and 52 of LR12/2005, as well as art. 8 of the PdR and art. 11 of the PdS of the current PGT.
It is highlighted that:

• changes in the intended use of properties, even if not involving the construction of building works, aimed at the creation of places of worship and places intended for social centres, are subject to a building permit (ref. art.52, paragraph 3-bis LR12/2005) 
• changes in the intended use of properties, even if not involving the construction of building works, aimed at the construction or expansion of amusement arcades, betting halls and bingo halls are subject to a building permit. For the purposes of issuing the building permit, the Municipality, without prejudice to the provisions of article 36 LR12/2005, verifies the distance limit from sensitive places provided for in article 5, paragraph 1, of LR 8/2013 (ref . art. 52, paragraph 3 ter LR 12/2005).

Checks to be carried out in advance
The person entitled who intends to present the communication or the building permit is always required to verify whether the proposed change of use is significant for the purposes of the soil quality objectives pursuant to the Building Regulations (art. 10) and current legislation. For more details "Reclamation Area".

Further verification: need for adjustment of the construction contribution and/or need to find the provision of services. 
Changes of use without contextual building works for which ten years have not passed since the completion of the works of the last building permit relating to interventions beyond the conservative rehabilitation, are subject to verification of the adjustment of the construction contribution, in addition to the need for finding the provision of services.

Pursuant to art. 11.3 letter a) of the Service Plan of the PGT in force, the territorial allocations for services from the productive functional category to the residential and commercial functional categories for interventions concerning SL exceeding 250 m80 are due in the amount of XNUMX% of the SL.

Pursuant to art. 11.3 of the current PGT Service Plan, the element to be taken into account mainly to know whether the territorial allocations are due or not is the SL subject to the change of intended use:

• if the SL is less than 250 m100. the amenities are due to the extent of XNUMX% only in the case of a change from the commercial to residential functional category, without prejudice to any increases or reductions provided for in the article itself;
• if the SL is greater than 250 m18. the allocations are due at the rate of XNUMX% for all changes of destination from commercial category to productive, residential, tourist-accommodation, private services category, without prejudice to any increases or reductions provided for in the article itself.

For buildings for office use, tourist accommodation, private services, the allocations are due at the rate of 18% for changes of use towards the residential and commercial category, without prejudice to any foreseen increases or reductions.

Payment method (in case of monetization or adjustment of the construction contribution)
Any sums due must be paid before submitting the communication or building permit in the manner specified in the published forms and a certificate of payment must be attached.
For the calculation and information on monetization and the adjustment of the construction contribution, please refer to the relevant pages "Construction contribution" is "Monetizations".
If the change of intended use with building works results in non-compliance with the current municipal planning provisions, the administrative sanctions provided for by current legislation apply for the construction of works in the absence or non-compliance with the building permit, or in the absence or non-compliance from the notification of commencement of activity (ref. art. 53, paragraph 2 of L.R.12/2005).
Such changes of use must always be specified in the appropriate section of the forms in relation to the building intervention; they are subject to verification of the need to find the provision of services.

In relation to the change of use from productive to commercial, it is underlined that neighborhood businesses can be excluded from the adjustment of territorial facilities for services (so-called standard monetization); this exclusion is necessarily optional and not automatic as it is subject to the presentation of a registered and transcribed deed of obligation (valid for the proposer and his assignees) with a commitment to monetization in the event of subsequent mergers/expansions of the commercial unit/s/ neighborhood and/or subsequent further change of use towards another function (tertiary, private services, residential); in the absence of the aforementioned mandatory act, monetization is due according to the provisions of the art. 11 of the Service Plan.

Pursuant to art. 32 of the NTA of the PRG previously in force in the industrial-artisan areas a quota of compatible functions was allowed (max 30% intended exclusively for custodial residence, administrative offices, technicians and research and laboratory activities, exhibition and sales activities, retail trade , restaurants, bars, etc) considered to all intents and purposes free and for which, where at the time implemented pursuant to letter b) of the aforementioned art. 32, can be considered consolidated with this destination; letter c) of the aforementioned article also allowed the creation of technical offices, research and laboratory activities, provided they were included and integrated into the production unit (max 20%); these offices are to all intents and purposes part of the production activity and must be considered as such for the purposes of a possible change of use towards a tertiary or other function. In interventions concerning a productive activity, even today the maintenance or construction of integrated offices is considered admissible, provided that they are effectively integrated and specified in the title; otherwise, for example in the case of splitting up a pre-existing industrial unit with the creation of individual units intended for offices, therefore no longer effectively integrated with the original production unit and functionally and effectively separated from it, it will be necessary to request the actual change of use from industrial - artisanal to tertiary.

The Regional Law October 1, 2015, n. 27 distinguishes between hotel accommodation facilities (facilities organized to provide the public, with unitary management, accommodation in at least seven rooms or apartments, with or without independent kitchen service and other ancillary services for the stay, including any bar and restaurant services), assimilable by consolidated orientation to the tertiary function and non-hotel accommodation facilities (holiday homes, B&Bs, etc), the latter more correctly assimilable - subject to specific verification - to the residential function.

As regards the forgiven units, it is noted that the amnesty was issued for the existing function and situation (so much so that special usability is simultaneously released), even if not regulatory which as such can be preserved and maintained (MS interventions - without change of use - they must obviously not worsen the condoned situation); the change of use towards another function can be admissible only if the regulatory specifications relating to the new function that is intended to be established are respected.

Where the change of use is requested towards another function characterized by more restrictive regulatory specifications, this change is conditional on compliance with the same.

Pursuant to art. 3.1 letter c) of the Presidential Decree 380/2001, building interventions aimed at conserving the building organism and ensuring its functionality through a systematic set of works which, while respecting the typological, formal and structural elements of the organism itself, also allow the change of intended use provided that they are compatible with these elements, as well as compliant with those envisaged by the general urban planning instrument and the related implementation plans, they are qualified as restoration and conservative rehabilitation.

Furthermore, art. 3.1 letter b) of Presidential Decree 380/2001, according to which, for extraordinary maintenance interventions, the maintenance of the original intended use is expected, we inform you that: 

• the change of intended use with works will result in the qualification of restoration and conservative rehabilitation only if the works do not determine the transformation of the building organism; in the latter case the qualification will be building renovation, in compliance with the art. 3.1. letter d of Presidential Decree 380/2001.

The change of intended use with contextual works may be subject to:

• Certified Notice of Commencement of Work, in the case of restoration/conservative rehabilitation as long as it does not concern structural parts
• Certified Report of Start of Activity pursuant to art. 22, in the case of restoration/conservative rehabilitation if it concerns structural parts or building renovation referred to in art.3 paragraph 1 letter d) Presidential Decree 380/2001
• Certified Report of Start of Activity pursuant to art. 23 - Building Permit in the case of renovation referred to in art. 10, paragraph 1 letter c Presidential Decree 380/2001

For submission methods, consult the respective services.

For the calculation and information on monetization and the adjustment of the construction contribution, please refer to the pages "Construction contribution" is "Monetizations".

The change of intended use with contextual works may be subject to:

• Certified Notice of Commencement of Work, in the case of restoration/conservative rehabilitation as long as it does not concern structural parts
• Certified Report of Start of Activity pursuant to art.22, in the case of restoration/conservative rehabilitation if it concerns structural parts or building renovation referred to in art. 3 paragraph 1 letter. d) Presidential Decree 380/2001
• Certified Report of Start of Activity pursuant to art. 23 - Building Permit in the case of restructuring referred to in art. 10, paragraph 1 letter. c) Presidential Decree 380/2001

For submission methods, consult the respective services.

For the calculation and information on monetization and the adjustment of the construction contribution, please refer to the pages "Construction contribution" is "Monetizations".