The possibility recognized to the private to carry out the urbanization works with total or partial deduction of the building permit costs has already shown evident perplexity with the general regime of public procedures. By now, there are several and new critical reflexions in the light of the corrective to the new Contract Code introduced by Legislative Decree 19 April 2017 n. 56,and with particular attention to the great “stone guest” represented by the progressive closure to local authorities public balances as a result of the grip of the Stability and Growth Pact, which allowed the use of building income to cope with current expenditure. The intertwining of public finance forecasts with the new provisions by art. 36 of d. lgs. 50/2016 on sub-threshold assignment, in fact, impose today a precise hierarchy of choice of the mode of assignment of urbanization works. Thus, in the wake of the pro-competitive emphasis followed by the Legislator, this intertwining strongly risks to jeopardize the overall stability of the building market, already hard hit by the real estate crisis of the last decade, as well as to pose serious interpretative doubts about the tightness of a system still strongly exposed to potential regulatory short circuits between sectorial disciplines. Therefore, due to the inevitable requirements of system coherence and legal certainty, it is necessary to read the legislation that is “logically oriented” towards the only alternative that, probably, allows to revise the general scheme of the deduction from a different perspective investigation, that is to legitimize the direct realization of the works of primary urbanization within the European threshold when these, for structural reasons inextricably linked to the viability of the future building, are placed in that perspective of necessary “instrumental functionality” with the urbanistic intervention.
LA REALIZZAZIONE A SCOMPUTO DELLE OPERE DI URBANIZZAZIONE TRA VINCOLI DI BILANCIO, SEMPLIFICAZIONE AMMINISTRATIVA E OBBLIGHI DI EVIDENZA PUBBLICA
Guido Befani
2018-01-01
Abstract
The possibility recognized to the private to carry out the urbanization works with total or partial deduction of the building permit costs has already shown evident perplexity with the general regime of public procedures. By now, there are several and new critical reflexions in the light of the corrective to the new Contract Code introduced by Legislative Decree 19 April 2017 n. 56,and with particular attention to the great “stone guest” represented by the progressive closure to local authorities public balances as a result of the grip of the Stability and Growth Pact, which allowed the use of building income to cope with current expenditure. The intertwining of public finance forecasts with the new provisions by art. 36 of d. lgs. 50/2016 on sub-threshold assignment, in fact, impose today a precise hierarchy of choice of the mode of assignment of urbanization works. Thus, in the wake of the pro-competitive emphasis followed by the Legislator, this intertwining strongly risks to jeopardize the overall stability of the building market, already hard hit by the real estate crisis of the last decade, as well as to pose serious interpretative doubts about the tightness of a system still strongly exposed to potential regulatory short circuits between sectorial disciplines. Therefore, due to the inevitable requirements of system coherence and legal certainty, it is necessary to read the legislation that is “logically oriented” towards the only alternative that, probably, allows to revise the general scheme of the deduction from a different perspective investigation, that is to legitimize the direct realization of the works of primary urbanization within the European threshold when these, for structural reasons inextricably linked to the viability of the future building, are placed in that perspective of necessary “instrumental functionality” with the urbanistic intervention.Pubblicazioni consigliate
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