Recovery of existing basement rooms and rooms

The art. 1, paragraph 2 of Regional Law 7 of 10 March 2017, defines basements as rooms and rooms located on a floor with the floor at a lower level, even if only partially, than the ground adjacent to the building and the ceiling which is located, even only partially, at a higher level than the ground adjacent to the building.

These rooms and rooms can be recovered provided that they were built on the date of entry into force of the law and that they are located in buildings served by primary urbanization works.

Without prejudice to compliance with the hygienic-sanitary requirements, the recovery of basement rooms and rooms is always permitted even in derogation of the building limits and requirements of the PGT and building regulations. The internal height of the rooms intended for the stay of people must not be less than 2,40 metres, without prejudice to the minimum heights required by law for specific intended uses of the rooms and rooms (e.g. for residences, minimum height 2,70 .XNUMX m.) and without prejudice to the regulations in force regarding the environment and landscape.

For the purposes of containing energy consumption, the recovery must include suitable thermal insulation works in compliance with the relevant technical requirements contained in the national and regional standards and regulations in force.

If the recovery of the basement rooms involves the creation of autonomous units for residential use, the municipalities send a copy of the certified report presented pursuant to Article 24 of the Presidential Decree to the territorially competent Health Protection Agencies (ATS). 380/2001, which must be accompanied by a certificate of compliance with the exposure limits to radon gas established by the building regulations. 

The underground walls must be protected by ventilated cavities or with other equally effective technical solutions.

The presence of a suitable ventilated crawl space over the entire surface of the rooms or another equally effective technical solution must be guaranteed.

For recovery for residential use intended as an extension of an existing residential unit and only for ancillary or service rooms, the use of totally artificial air lighting is always permitted as long as the recovered part does not exceed 50 percent of the total useful surface area of ​​the unit.

For recovery for residential use intended as the creation of autonomous units, the achievement of the air lighting indices with technological systems cannot exceed 50 percent compared to what is required by local regulations.

For recovery for residential use, to calculate the air-lighting ratios, the distance between the lights of the room and the adjacent building must be at least 2,5 metres.

Only after ten years have elapsed following the achievement of usability can the volumes of the recovered basement rooms and rooms change their intended use.

 

For further information, consult the reference legislation referred to. 

In implementation of the provisions of art. 4, paragraph 1 of the Regional Law. 7/2017, the City Council with Resolution n. 27 of 23.10.2017 excluded the areas and properties falling into the following categories:

  • Areas identified in Table G.06 "Map of geological feasibility - Classification of the municipal territory" of the geological, hydrogeological and seismic component with the location of the different geological feasibility classes F3 (feasibility with significant limitations) and F4 (feasibility with serious limitations) ;
  • Areas of application of the regional provisions concerning the implementation of the Flood Risk Management Plan (PGRA) referred to in the D.G.R. 19 June 2017- n. X/6738, identified by the “Floods” Directive 2007/60/CE-Legislative Decree. 49/2010, in the P1, P2 and P3 hazard scenarios, as mapped by the Flood Risk Management Plan of the Po River Basin District (PGRA) approved with resolution no. 2 of 3 March 2016 by the Institutional Committee of the Po River Basin Authority, whose cartography is published on the geoportal of the Lombardy Region - Floods Directive 2007/60/EC - revision;
  • Absolute compliance zones for catchment wells for drinking water use, identified in Table R.05 "Administrative and soil protection constraints" of the Rules Plan;
  • Properties subject to direct or indirect protection restrictions pursuant to Legislative Decree. 22 January 2004 n. 42, if they have not obtained authorization from the competent Administrations responsible for managing the restriction:
  • For residential purposes only, the properties included in the NAF (Ancient Formation Nuclei) and identified with specific perimeters in Table R.03 "NAF Historic Centre: Analysis of the historical-morphological values" of the Rules Plan, with the exception of basement rooms connected to residential real estate units directly above and which cannot be functionally separated, provided that their surface area does not exceed the connected residential real estate unit.
  • The properties governed by the service plan of the current local government plan.
  • For properties located in areas identified with geological feasibility class F2 (feasibility with modest limitations), verification by a qualified technician of the non-interaction with the first aquifer groundwater is required.

In addition to these areas, there are also limitations for parts of the territory for which there are situations of contamination or limitations resulting from reclamation operations in progress or already carried out.

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The communication must be submitted online by accessing OnlyOne. The form, generated electronically by the system in PDF/A format, must be digitally signed and forwarded together with the power of attorney for digital presentation and all the required attachments. There are no secretarial fees or revenue stamps.

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The recovery of the basement rooms and rooms is not classified as new construction and if achieved with building works it is necessary to obtain/present the title (CILA, SCIA, PDC) referring to the specific category of intervention, determined by the building works to be carried out.

Submission costs vary depending on the title. 

Updated: 28/10/2022