Institutional portal - Municipality of Milan

Changes of use without contextual building works for which less than ten years have passed since the completion of the works of the last building permit issued (PdC) or presented (DIA, SCIA, CILA) are subject to verification of the adjustment of the contribution of construction and the need to find the provision of services since the change in intended use is attributable to the works carried out.
Any sums due must be paid before submitting the communication in the manner specified in the published forms and a certificate of payment must be attached; the possibility of installment payments is reserved.
It is specified that the adjustment of the provision of services - in the recovery interventions of the existing with qualification up to Conservative Renovation - is due, pursuant to the current PGT, in the case of change of intended use from productive urban functions to other functions urban (and it is possible in compliance with the limits set out in art.5.4 of the PdR, or after verifying that the intervention area is less than 5.000 m100); the territorial allocations for services are to be applied to the entire GFA affected by the change of use, to the extent of XNUMX% of the GFA itself and must be found in areas or through partial or total monetization.
It is also specified that in all cases of change of intended use with works concerning properties or parts of them mainly dedicated to tertiary urban functions, commercial and private services, towards urban residential functions, if the intervention affects a property having a GFA overall less than 5.000 m11.4. it is not necessary to find areas for services. If this dimensional threshold of the property is exceeded, pursuant to art. 18 PdR, the change of use cannot be presented with the aforementioned attached form, except in the case in which the intervention falls within the Ancient Formation Units ( NAF) or in areas characterized by a Recognizable Urban Design (ADR); in the latter case, if the property is predominantly tertiary (attaching demonstration/certification) the adjustment of the provision of services is due to the extent of 9% of the GFA subject to change of use (art. XNUMX PdS).

The person entitled who presents the communication 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, as specified in the paragraph that precedes (see also the Reclamation page).

Changes of use with contextual building works are regulated by articles. 51 and 52 of LR 12/05 and articles. 5, 6 and 11 of the Rules Plan (PdR) and art. 9 of the Services Plan (PdS) ​​of the current Territorial Government Plan of the Municipality of Milan.
Such changes of use must be communicated in the appropriate section of the form relating to the Communication or Title presented in relation to the building intervention; they are subject to verification of the need to find the provision of services, as reported in the previous paragraph.
It is specified that, pursuant to art. 3.1 letter c) of Presidential Decree 380/2001, as amended by art. 65-bis of law 96/2017, 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 its change of the intended uses as long as they are compatible with these elements, as well as compliant with those envisaged by the general urban planning instrument and the related implementation plans, 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, considering that Regional Circular 20 July 2017 n. 10, contemplated the non-application of art.52.1 of LR 12/2005, which provided that changes in intended use compliant with municipal urban planning provisions, connected to the construction of building works, did not change the qualification of the intervention, we inform that: the change of intended use with works will result in the qualification of restoration and conservative rehabilitation (provided that the works preserve the building organism and do not transform it, triggering the qualification of building renovation) and will therefore be subject to the corresponding administrative regime ( i.e. Certified Notice of Commencement of Works if light conservative restoration/remediation and Certified Report of Start of Activity pursuant to art. 22 if heavy conservative restoration/remediation).

The person entitled who presents the Communication/Title 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, as specified in first paragraph of this section.

For changes of use aimed at the creation of places of worship and/or places intended for social centers it is necessary to submit a request for a Building Permit (art. 52.3 bis LR 12/05) and currently for places of worship this is possible only in the presence of specific municipal planning (see articles 70,71,72 LR 12/2005).

In relation to the change of use from productive to commercial, it is underlined that due to the combined provisions of the articles. 5.3 of the PdR and 9.1.1/9.1.c of the PdS, neighborhood businesses can be excluded from the adjustment of territorial allocations 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; the forms have been updated to make the aforementioned option easily accessible to the proposer.

In the case of a change of use from the tertiary/commercial/private services function in properties larger than m5000. 50 in the NAF and ADR context, predominantly residential means the certified presence of residential gross floor area greater than 18%; for properties in which at the date of approval of the PGT they were not predominantly residential, monetization is envisaged in the amount of 5000% of the GFA subject to change - it cannot be considered admissible, following one or more changes of use subsequent to the approval of the PGT PGT, that the property originally tertiary/commercial is then considered predominantly residential; in the case of a change of use from the tertiary/commercial/private services function in properties larger than mXNUMX. XNUMX in the ARU area it is necessary to submit an application for an approved building permit.

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, as long as 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 1 October 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.

The attics subject to recovery intervention for residential purposes (articles 63-64-65 - LR 12/2005) cannot be subject to a change of use to another destination in the ten years following the achievement of usability.

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 released at the same time), even if not regulatory which as such can be preserved and maintained (MS interventions must not obviously 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.

Private car parks serving urban residential, tertiary and commercial functions must be provided mandatorily and exclusively for building renovation and new construction interventions.