SCIA in sanatoria: procedura e silenzio (quale?)

The SCIA (Regularization of Buildings) pursuant to Article 37, paragraph 4 of Presidential Decree 380/01 is an administrative procedure that allows for the regularization of certain minor building violations compared to the building violations that can be remedied with the more stringent Compliance Assessment pursuant to Article 36 of the TEU. Among the various fundamental prerequisites for using this procedure is dual compliance with the urban planning and building regulations in force both at the time of filing and at the time of the violation. The Council of State has classified the inaction on the SCIA (Registration Notice) as silent non-compliance, which requires an appeal to the Regional Administrative Court (TAR) to conclude the proceedings. 0:00 Intro 1:00 Works permitted under SCIA (Registration Notice) 2:00 Permit variations with SCIA (Registration Notice) 2:40 SCIA (Registration Notice) with double compliance 4:00 Calculation of fine between 516 and 5,164 4:40 Fine proportionate to the increase in value 5:40 The Municipality does not quantify the fine 6:40 Payment of the fine closes the proceedings 7:05 What to do in the event of silence? 7:26 Three jurisprudential approaches to silence 7:40 1) Silence-refusal as with the Amnesty Permit 7:55 2) Silence-assent provided for by Legislative Decree 222/2016 8:31 3) Silence-non-compliance, correct address 9:00 An express provision for calculating the penalty is required 9:15 Dialogue with the Public Administration or Silent TAR Appeal 10:00 Conclusions ► 𝗣𝗘𝗥 𝗖𝗢𝗡𝗦𝗨𝗟𝗘𝗡𝗭𝗘 𝗣𝗔𝗥𝗘𝗥𝗜 𝗧𝗘𝗖𝗡𝗜𝗖𝗜𝗖𝗜𝗧𝗘𝗖𝗡 ... https://amzn.to/2GoNiXy 🎧 Audio PODCAST Spreaker https://www.spreaker.com/user/carlopa... iPhone & iTunes: https://goo.gl/bWuksX Spotify https://bit.ly/carlopagliai ► Facebook page   / carlopagliaipage   ► Instagram   / pagliaicarlo   ► LinkedIn   / pagliaicarlo   CONSULTING and COACHING. Want to learn more about real estate planning or receive assistance with your transactions? You can contact us using the contact form on the blog or through our various social media channels.