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Regional Council of Sardinia
Parlament
REGIONAL LAW October 16, 2009
Provisions extraordinary economic support through revival in the construction industry and to promote activities and programs of strategic importance to the development
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Chapter
extraordinary provisions for upgrading of existing buildings
Article 1 Purpose
1. The Autonomous Region of Sardinia promotes economic support by the revival of the construction industry by promoting direct action to retrain and improve the quality of architecture and housing, structural safety, compatibility and efficiency of the heritage landscape existing building in the region, including through the simplification of procedures.
Article 2
action on adaptation and extension of existing buildings
1. It is possible, even by going beyond index maximum building rights under instruments in urban and regional exception to the applicable regulations, the adjustment and the increase in volume of buildings for residential use, the kind used for services related to residence and those related to productive activities, to the maximum extent for each housing unit, 20 percent of existing volumes in compliance with the provisions contained in Legislative Decree 19 August 2005, No 192 (Implementation of Directive 2002/91/EC on the Energy Performance of Buildings) and subsequent amendments and additions. For existing volume means that completed on 31 March 2009.
2. These adjustments and increments are part of an organic and consistent with the formal and architectural character of the existing building and are an important tool for the redevelopment of that depending on the type of building concerned, subject to the following requirements:
a) in the case of one-two-family building types and increase the adjustments can be made through the implementation of new buildings in the various expansion plans by raising or by implementing only the ground floor of buildings separated from the main building to use as its appurtenances;
b) in the case of building types pluripiano increases are permitted :
1) in the case of coverage is predominantly flat with elevation of the building one floor in retreat at least 1.5 meters compared to the wires of the facades facing public spaces or through the closure plans stilts, in accordance with the shape of ' building and the minimum size of parking lots, as provided for by legislation in force;
2) in attics, provided that to respect the shape of the maximum perimeter walls of the building and that the average height does not exceed three meters inside;
3) in individual plans, provided that the intervention is combined with the overall architectural design of the building and not may change the wires of the outer facades facing public spaces.
The increases provided for in paragraphs 1), 2) and 3) can also be made by individual owners as long as is demonstrated by an overall project, the consistent placement in the architectural context of the enlargement of the building and the distances between facing walls as required on the municipal urban planning regulations. The increases volume produced in this way constitute the main relevance indivisible property unit and can not be sold separately to it;
c) in the case of building types in a row overall urban lot, the adjustments and increments can be made for all units and are allowed provided it is demonstrated through a project extended to the whole building, the consistent placement in the architectural context of the enlargement of the building complex.
3. The adjustment and the increase in volume can be up to a maximum of 30 percent, if they are planned unit redevelopment of the entire property being intervention, which would have reduced by at least 15 percent of primary energy needs, or you can show that the building unit within the parameters laid down in Legislative Decree No 192 of 2005, as amended and supplemented. In the cases referred to in points a) b) c) of paragraph 2 is achieved by improving the architectural quality of the building, structural safety and accessibility of buildings. The presence of such requirements is stated in the documentation for the complaint to login and then attested by the Director of the work, attached to the notice of completion of work, produce all the certificates of conformity and the correct execution works with appropriate technical documentation and photographs, as well as energy certification under the Ministerial Decree of 26 June 2009 (national guidelines for energy certification of buildings).
4. For residential buildings, and services related to the residence located in the tourist zone F in the range from 300, or 150 meters in the smaller islands, and 2,000 meters from the shore line, the adjustment and the increase in volumetric paragraphs 1, 2 and 3 are reduced by 30 percent.
5. For residential buildings, and services related to the residence located in the tourist zone F in the 300 meters from the shore line, reduced to 150 meters in the islands children, are eligible and only to the buildings referred to in paragraph 2, letter a), increases up to 10 per cent of the existing volume, without cannot, provided they are aimed at improving the architectural quality of the entire building structure and landscape values \u200b\u200bof the context in which it is located and the proposal for assistance to obtain a positive assessment of the Regional Commission for the quality of architecture and landscape in Article 7.
6. The adjustments and increases referred to in paragraphs 1, 2, 3 and 4 may exceed the height and distance between facing walls and the relations of coverage provided by existing planning instruments and Decree assessoriale December 20, 1983, No 2266 / U (coverage limits and relationships relating to the formation of new urban development and revision of existing ones in the towns of Sardinia), except as provided for by Ministerial Decree of 5 July 1975 (Modifications to the ministerial instructions in relation to June 20, 1896 ' minimum height requirements and the sanitation of the premises of the main house). They are, however, subject to the rights of third parties. The adjustments and increases in minimum comply with the posting of the Civil Code and can not be achieved by using surfaces designed to meet the minimum number of parking spaces provided by law.
7. The forecasts referred to in this article not apply to buildings in the urban area including homogeneous, as identified in local planning instruments, except those with less than fifty years in contrast to the architectural characteristics and type of the context and provided that this entails an improvement of architectural quality extended to the whole building and is harmonized with the landscape and historical context in which it is inserted. This contrast is expressly declared by resolution of the council of the municipality shall approve the strict deadline of ninety days after the entry into force of this Act.
8. The increases referred to in paragraphs 1, 2 and 3 are increased by 30 percent in the case first-home owner, located in urban areas B or C and that the surface of the property does not exceed that specified by the law of 5 August 1978, n. 457 (Standards for residential buildings), Article 16, third paragraph.
Article 3
speeches extension for agricultural development in the area
1. And in homogeneous areas, as identified by the planning instruments in force, the volumetric gains are governed by the following, even by going beyond index maximum building rights under instruments in urban and regional exception to the applicable regulations.
2. The buildings for use by agro-forestry-pastoral and those for residential use, including the coastal strip between 300 and 2,000 meters from the shore line, reduced to 150 and 1,000 meters in the smaller islands, is allowed to increase volume existing on March 31, 2009, the rate of 10 percent for agro-forestry-pastoral functions and the rate of 10 percent for residential use. Beyond the range of 2,000 meters or 1,000 meters in the smaller islands, the increase in volume allowed is 20 per cent.
3. Inside of the coastal line of 300 meters from the shoreline, less than 150 meters in the smaller, for buildings owned by the entrepreneur Agriculture for use by agro-forestry-pastoral is allowed only up 10 percent of the volume existing on March 31, 2009, provided that the new buildings are designed for the same purposes and to improve the quality of architecture and landscape; the proposed action must obtain a positive assessment of the Regional Commission under Article 7.
4. Variants are still allowed to manufacture that are made without affecting urban parameters without changes in volume and surface covered.
5. Pending the review or adjustment of the Regional Landscape Plan, in homogeneous areas and shall be subject referred to in Article 3, paragraphs 1, 2 and 3 of the Decree of President of the Regional August 3, 1994, No 228 (Guidelines for agricultural areas).
Article 4
speeches enlargement of buildings to tourist accommodation purposes
1. For property for the conduct of business as tourist accommodation located in suburban areas in the coastal strip of 300 meters from the shore line, reduced to 150 meters in the smaller islands, is permitted, including through the overcoming of the maximum rates set by the planning instruments Buildable according to current laws in force and regional increase of 10 percent volume of the existing on March 31, 2009, if the measures are likely to determine the energy consumption with a reduction of more than 10 percent of primary energy needs of the entire building, or proves that the property meets the parameters referred to in Legislative Decree No 192, 2005, and subsequent modifications and integrations and obtain the improvement of architectural quality. The presence of these requirements and related technology systems and building is declared in the documentation accompanying the request for building permit. Subsequently, the project manager produces, as an annex to the statement of the work, all the certification of compliance and the correct execution works with appropriate technical documentation and photographs, as well as energy certification under the Ministerial Decree of 26 June 2009. The proposed intervention must obtain a positive assessment of the Regional Commission under Article 7.
2. The buildings referred to in paragraph 1, located over the coastal strip referred to in paragraph 1 shall be allowed a 20 percent increase in volume of up to 30 percent if they are provided covering the whole building redevelopment such as to determine the level of energy consumption with a larger reduction of 25 per cent of primary energy needs, or you can show that the property meets the parameters set out in Legislative Decree 192, 2005, and subsequent modifications and integrations and obtain the improvement of architectural quality, structural safety and affordability of real estate. The presence of these requirements and related technology systems and building is declared in the documentation for the complaint to login. Subsequently, the project manager produces, as an annex to the statement of the work, all the certification of compliance and the correct execution of the works, with appropriate technical documentation and photographs, as well as energy certification under the Ministerial Decree of 26 June 2009.
3. For the increases referred to in paragraph 1 shall be the condition that the increase in volume is primarily intended for tourist services of the business without increasing the number of beds and that is always carried out in pre-existing and not retreat from the building towards the sea, to gains in volumetric paragraph 2 must be the condition that they are intended for at least 50 per cent of the business travel services. Properties mainly in tourist accommodation with a number of rooms not more than 7, with volumes lawfully in existence on March 31, 2009 with residential or commercial use is always permitted the change of use to allow the increase in surfaces worked in the tourist accommodation in no more than 30 percent.
Article 5
demolition and reconstruction
1. The Region promotes the renovation of the building for residential use and one intended to home-related services, tourism and hospitality and existing manufacturing operations by replacement building construction completed by December 31, 1989, that need to be adjusted in relation to requirements quality, architectural, energy, technological, structural safety and those necessary to ensure accessibility of the building for disabled people.
2. For the actions referred to in paragraph 1, including the index exceeded the maximum building rights under instruments of urban and regional regulatory provisions in force, and can increase volume by 30 percent in the case of complete demolition and reconstruction of buildings for residential use and those for services related to the residence, or intended for tourist accommodation or productive activities, provided that the reconstruction is improved the overall quality of architecture and technology and energy efficiency of the building in accordance with Legislative Decree No 192 of 2005, as amended and supplemented. The increase in volume can reach up to a maximum of 35 percent where these interventions are planned to determine the level of energy consumption with a reduction of at least 10 per cent compared to the indices provided by law no 192 of 2005, as amended and supplemented.
3. In the case of persistent properties in the range of 300 meters from the shore line, reduced to 150 meters in the smaller islands, and areas of outstanding landscape value or close to environmental emergencies, architectural, archaeological or historical and artistic, in order to achieve upgrading of the environment is allowed, subject to approval by the city council and signing of bilateral agreement, the complete demolition the same volume and the transfer of existing in other areas located beyond the range of 300 meters from the shore line, reduced to 150 in the smaller urban use with compatible, provided that the lot is sold, the original charge to the municipality and allocated to public purposes . In that case it is given a volume increase of 40 per cent in case of a reduction of at least 15 percent of the index for energy efficiency in the Legislative Decree No 192 of 2005, as amended and supplemented, and an increase in volume by 45 per cent reduction in the case of the index for energy efficiency by at least 20 percent. The decision of the municipal council may grant an exception only index for buildings and height, which may not be larger than a place to the surrounding buildings and provided the design solution that harmonizes with the landscape in which it is inserted surgery.
4. The requirements of paragraphs 1, 2, 3 and 5 are reported in the draft annex to the request for planning permission and subsequently certified by the director of activities and produces, as an annex to the statement of work order, certification of compliance and enforcement of regular works with appropriate technical documentation and photographs, as well as energy certification under the Ministerial Decree of 26 June 2009.
5. The provisions in this Article shall not apply to buildings located outside urban areas falling in the range of 300 meters from the shore line, reduced to 150 meters in the smaller islands, with the exception of the demolition of incompatible buildings and their transfer, with its increase in volume, as well as the band that in suburban areas with urban destination device.
6. The provisions in this Article shall not apply to buildings covered by the homogeneous urban area A, as identified in local planning instruments, except those with less than fifty years in contrast to the architectural characteristics and type of the context and understanding that they must be completed on 31 December 1989.
Article 6
speeches on public housing stock
1. In order to facilitate the redevelopment of publicly owned housing stock is allowed, even by going beyond the maximum index of building rights under instruments of urban and regional regulatory provisions in force, an increase of 20 percent of the volume of existing buildings to institutional activities, public or otherwise.
2. This increase can be up to a maximum of 30 per cent if they are provided for the recovery and restructuring buildings not in use, aimed at restoration of the destinations referred to in paragraph 1, currently not permitted to effect functional and structural deficiencies, and improving the architectural quality of the building, structural safety and affordability of real estate.
3. The provisions in this Article shall not apply to buildings located outside urban areas and falling in the range of 300 meters from the shore line, reduced to 150 meters in the smaller islands, with the exception of the demolition of incompatible buildings and their transfer with its increase in volume over the band said.
Article 7
Regional Commission for the landscape and the architectural quality
1. It established the Regional Commission for the landscape and architectural quality in order to provide scientific support to the Regional Administration on the evaluation of interventions to be implemented in areas of particular landscape and environmental value, particularly with regard to the fact that the same do not harm the values \u200b\u200bgiven protection. The Commission expresses the opinions referred to in Articles 2, 3 and 4 and in other cases provided by this Act. It also plays an advisory capacity of the Regional Council.
2. The Commission relies for its operation of the offices Councillor responsible for governing the territory, and is composed of three experts in the field of landscape protection and environmental enhancement with proven years of experience in environmental contexts, historical, cultural and settlement of works and design of high architectural quality.
3. The members of the Commission are appointed by the Regional Council, hold office for the duration of the term and shall cease to hold office ninety days after the inauguration of newly elected executive body. With the next regional law governs the award made to the components of any compensation.
4. Within forty-five days from the force of this Act, the Regional Council appoints the members of the Commission.
Article 8
Eligibility criteria for assistance
1. The measures envisaged in Articles 2, 3, 4, 5 and 6 are not allowed:
a) on buildings without qualifying title if required;
b) on fixed assets of artistic, historical, archaeological or ethno-anthropological bound under Part II of the Legislative Decree 22 January 2004, No 42 (Code of the cultural heritage and landscape, in accordance with Article 10 of the Law of 6 July 2002, n. 137) as amended and additions, except in cases provided for in previous articles.
2. The provisions of Articles 2, 3 and 4 shall not apply to buildings located in areas declared under the Plan for the hydrogeological excerpt of Law May 18, 1989, No 183 (Standards for functional reorganization and soil conservation), as amended and supplemented, hydraulic danger of high or very high (HI3 - Hi4), or in areas of landslide hazard high or very high (HG3 - HG4) .
3. The increases in volume in Articles 2, 3, 4, 5 and 6 may be combined with the increases permitted by other provisions of law, by local planning instruments and the norms of regional planning. Can not be combined with each other increases provided in this Chapter I. It is always permissible to close existing gaps in the middle floors.
4. As of March 31, 2009, the housing units affected by the actions of the current law should be regularly stacked with the relevant local agencies that work must have been completed on the same date and instances Stacking begin within thirty days from the date of entry into force of this Act. Compliance with this provision by self-certification certificate issued by the supervisor. Where's effort to bring and increase provided for in Article 2 concerns the buildings whose construction was undertaken by 31 March 2009 under the regular building permit and the work has been suspended following a seizure then canceled or revoked, the volume, in the sense of Article 2, paragraph 1, means that achieved by the date of entry into force of this law and its instances Stacking must be initiated within thirty days from the date of entry into force of this Act.
5. The change in the intended use for the units on which operations have been carried out in Articles 2, 3, 4, 5 and 6 is permitted, provided that it is compatible with urban destinations provided by the municipal urban planning tools.
Article 9
charges
1. For the increases referred to in Articles 2, 3 and 4, concessionary charges, when due, shall be reduced by 40 percent if for the first home owner's or OF THE PRODUCER title, that is increased by 60 percent in other cases. For the extension of Article 2, paragraph 5 and Article 4, paragraph 1, the concessionary charges have increased by 200 percent.
2. For demolition and reconstruction of Article 5, the concessionary charges are due to the extent of 140 per cent for the increase in volume and the rate of 60 percent for the partially rebuilt and are in all cases be reduced by 40 percent if for the first home owner's or OF THE PRODUCER title.
3. On expiry of the deadline for submission of the work, referred to in Article 10, paragraph 4, the total construction cost due to the intervention has increased by 50 percent.
4. Within the period of sixty days after entry into force of this law, municipalities, by resolution of the council, provide for a reduction or an increase of concessionary charges mentioned in this article. In the absence of the resolution are applied in full provisions contained in paragraphs 1, 2 and 3.
Standards Article 10 on the simplification of administrative procedures on construction
1. In compliance with industry regulations affecting the discipline of the building and, in particular, safety standards, fire protection, sanitation, those relating to energy efficiency and the provisions contained in Legislative Decree 42, 2004 and subsequent amendments thereto, shall be carried out without any qualifying title:
a) normal maintenance;
b) interventions maintenance, unless it relates to the structural parts of the building, without increasing housing units and do not involve any increase in urban standards;
c) interventions aimed at removing architectural barriers that do not involve the construction of ramps or external elevators, or to artifacts that alter the shape of the building;
d) temporary works for research in the subsoil which have a geognostic or are carried out in areas outside the town center;
s) earthworks are closely relevant with farming practices and livestock-forestry and agro-pastoral including work on plumbing landowners;
f) works objectively precarious directed to meet the objective requirements and temporary quotas likely to be removed immediately upon termination of need and in any event within a period of use no more than ninety days;
g) seasonal mobile greenhouses, devoid of masonry structures, functional in the pursuit of agricultural
h) works, paving and finishing of exterior spaces, including parking areas, which are contained within the permeation rate determined by the local planning instrument;
i) interventions and functional facilities to increased energy efficiency, referred to Legislative Decree 30 May 2008, No 115 (Implementation of Directive 2006/32/EC on end-use efficiency and energy services and repealing Council Directive 93/76/EEC), Article 11, paragraph 3;
j) elements of furniture areas of relevance of existing buildings.
2. Before the start of the operations referred to in paragraph 1, the person concerned, whether by electronic means, notify the council of work on, indicating the particulars of any authorizations required under industry regulations.
3. The actions referred to in Articles 2, 3 and 4 are subject to the complaints procedure logon (DIA), except those that fall in the homogeneous zone A, E and F in homogeneous areas located in the range of 300 meters from the shore line , reduced to 150 meters in the smaller islands and those provided for in Article 5, for which planning permission must be obtained.
4. The complaint logon or start work on communication is sent without exception, within eighteen months from the date of entry into force of this Act and the provision of work by the end thirty-six months from that date.
5. For the operations described in this chapter shall also be observed how the Law of 27 December 1997, n. 449 (Measures for the stabilization of public finances), Article 1, as amended, and the related implementing rules laid down by the regulations as to the inter-ministerial decree 18 February 1998, No 41, as amended, or for the possibility of renewal energy, as described in the law of 27 December 2006, n. 296 (2007 Finance Act), Article 1, paragraphs 344-349, as amended, and the related implementing rules laid down by ministerial decree of 19 February 2007, as amended and supplemented. Payment details must be also attached to the statement of completion of work.
6. For the actions referred to in this chapter, except those that fall in the range of 300 meters from the suburban line of the shore, reduced to 150 meters in the smaller islands, of those that fall in the old town and those governed by Article 5, ' landscape authorization, if necessary, and issued by the regional municipality under the law August 12, 1998, No 28 (Regulations for the exercise of powers in relation to landscape protection transferred to the Autonomous Region of Sardinia in the art. 6 of Decree 22 May 1975, n. 480, and delegated by Art. 57 of Presidential Decree 19 June 1979 No 348).
7. The monitoring of the operations referred to this Act and the consequent transformations planning and building of the territory, municipalities submit to the Regional Authorities for the territorial government for administrative and technical data, according to directives issued by the Regional Council.
8. Article 31 of Law April 22, 2002, No 7 (Finance Act 2002), after paragraph 5 is added as follows:
"5a. For the purposes of verification referred to in paragraph 5, the municipalities shall submit documents of planning and related data analysis featured in media, according directives issued by the Regional Council. ".
Capo II
Rules on landscape planning
Article 11
update and review of the Regional Landscape Plan
1. Every two years the Regional Council shall update and revise the content and descriptive devices Regional Landscape Plan with specific resolutions to be published on the Buras and which is publicized on the corporate website of the Region and by the deposit with the regional offices. Within thirty days of publication of this decision on Buras, anyone who is interested can submit their comments on the proposed amendments. At the same time the Council Commission responsible for of urban design deliver its opinion and submit it to the regional government. After that date the Government, after considering the comments, a final decision in the updating or revision. The resolution is published on Buras and the resulting changes are an integral part of the Regional Landscape Plan.
Article 12
Programs, plans and projects of strategic importance to the development of the territory
1. The Region, the provinces and municipalities, even with the assistance of other public and private, identify and activate programs, plans and projects with strategic importance in promoting the development of the region in a sustainable environment and landscape.
2. The programs, plans and projects must be such as to significantly affect the economic and social system, the organization of the territory and the landscape and environmental enhancement. In particular operations may include rehabilitation and upgrading of settlements, including offshore, and the creation of parks, ecological and environmental character of botanical and forestry also highly valued scientific and cultural. They would at least pursue goals of high landscape quality, ecological, environmental and urban planning and architectural value.
3. The proposal referred to in paragraph 1 shall be submitted to the competent alderman on government land for the preliminary assessment of overall consistency in terms of landscape. If successful proceed with conference services under the Law of 7 August 1990 241 (New rules on administrative procedure), as amended and supplemented.
4. If the implementation of planned measures needs to variant planning tools we proceed according to existing laws. In this case the terms of publications and observations are reduced by half.
Discipline Article 13 of eligible actions in the process of adjusting the planning instruments
the Regional Landscape Plan
1. The landscape plans, their variants and acts of updating and revision of Article 11 introduce temporary safeguard standards and may include the works executed up the adjustment of municipal planning instruments, in accordance with the following principles and guidelines:
a) are carried out:
1) routine maintenance, special static consolidation, restoration and rehabilitation conservative;
2) technical volumes Small Claims strictly necessary functional and technical operational management of existing facilities and is not likely affect the state of places and landscape quality of the environment;
3) redevelopment of existing settlements for town planning, architectural and landscape-building-environmental, no increase in volume, with the exception of that needed for services;
4) public assistance or public interest financed by the European Union, the State, the region, the provinces, municipalities or state or regional bodies instrumental;
5) the operations covered by Chapter I of this Act;
b) actions planned in the existing planning instruments are feasible under the following conditions:
1) which fall in urban areas bounded by the instruments as a homogeneous territorial areas A and B;
2) falling under the urban areas bounded by the instruments as a homogeneous territorial areas C, D and G, restricted to the trading function, where the areas are landlocked or contiguous and integrated in terms of infrastructure, with the urban areas;
c) in common with the municipal development plan within the meaning of Law 22 December 1989, n. 45 (Standards for the use and protection of the region), are also feasible operations located in other areas of homogeneous territorial C, D, G, and F, under instruments implementing approved and, where Initiative private agreement.
can also be entered into the procedure for approval of implementation plans lawfully adopted prior to approval of the Regional Landscape Plan;
d) in the municipalities do not have a municipal development plan referred to the regional law 45, 1989, in homogeneous territorial areas C, D, G, and F, within the range of 2,000 meters from the shore line, the planned interventions can be implemented by means of implementation have already been approved and an agreement, provided that the relevant work urbanization have been lawfully entered into prior to the approval of the Regional Landscape Plan.
Over this range are achievable actions foreseen in the implementation plans, duly approved, and where private initiative, the initiative;
s) for the redevelopment of facilities for the discharge of tourist accommodation, even if located within 300 meters from the shore line, reduced to 150 meters in the smaller islands, may be authorized, notwithstanding the existing planning instruments, restructuring and renewal. Any increase in volume, for which no work Article 6 of Law November 25, 2004, No 8 (urgent temporary safeguard rules for landscape planning and protection of the region), however, can not exceed 25 percent of the volumes legitimately exist, provided that achieve specific objectives of landscape and architectural quality and efficiency of technical-functional and not develop into the sea. The volumetric gains provided by this provision shall not apply to tourist facilities that have already benefited from the increases provided by regional law n. 45, 1989, article 10 bis, as introduced by the regional law May 7, 1993, No 23 (Changes and additions to the regional law 22 December 1989, n. 45, concerning measures for the use and protection of the region);
f) pending the updating of the municipal urban planning tools to landscape plans regional, within the areas covered by the band width of 100 meters, if any, from the outer perimeter of the landscape and identity, as defined by the Regional Law 4 August 2008, No 13 (Urgent rules relating to property boundaries and landscaping of city centers and protective perimeters of the landscape and identity) of Section 1 of the interventions can be made to transform the land and existing buildings, including the construction of new buildings , only if they have been approved landscaping, issued pursuant to Legislative Decree No 42, 2004, article 146 and following, as amended and supplemented. The contents and requirements of the authorization are proportional and assessing the compatibility of the proposed intervention with the scenic protected;
g) in the range of 300 meters from the shore line is not permitted on the power lines other than those strictly necessary and useful to-urban settlements building, except those already planned on 31 December 2008. It also allowed the construction of power lines, according to a notice of address approved by the Regional Council within one hundred eighty days after the entry into force of this Law, obtain the prior positive assessment by the Regional Council after consultation with the Committee Board jurisdiction;
h) the territorial sea, for his close relationship with the areas protected under Articles 142 and 143 of Legislative Decree No 42, 2004 and subsequent amendments thereto, shall be considered of primary interest is landscape and the object of protection;
i) the region considered worthy of protection, and makes the subject of full storage, the prairies posedonia, second, even as required by EU Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and constitute "priority habitat". It is, therefore, prohibited any action likely to impair the integrity or state of optimal balance of the natural habitat, except those already planned the date of entry into force of this Law and those who obtain the prior approval by the Regional Council.
2. The provisions of paragraph 1 shall be provisional and are effective immediately applicable as of the date of entry into force of this Act. The measures envisaged in paragraph 1, letter c), second paragraph, letter d), and the first paragraph letter e) shall be made after verification of the consistency of the volumes planned by landscape and environmental reference, carried out in cooperation between regional administration and administration. In verification can be established scaling and adapting the planned interventions to make them consistent with the objectives of the Regional Landscape Plan.
Article 14 Changes to the regional law August 4, 2008, No 13
1. Article 2 of Law No 13 of 2008 reads as follows:
"Section 2 (Framework for the areas within the centers of ancient and early training)
1. Pending the adaptation of the municipal urban planning tools to plan regional landscape, its variants and acts of updating and revision, the municipalities, acting City Council, to check the compatibility of the provisions of existing detailed plans of city centers that fall in the areas of ancient and early training with the provisions of the Regional Landscape Plan, its variants and acts of updating and revision, and may proceed to implementation for the parties consistent. By resolution of the council, the municipalities, the remaining areas of ancient and the first training center outside of the detailed plan of the old town, to check the compatibility of its predictions with the provisions of the Plan urban landscape and regional performing them. The resolution was approved as required by regional law 28 of 1998, Article 9, paragraph 5.
2. The common approved, Buras public on the resolutions referred to in paragraph 1. From the day following its publication, within the center of the ancient and early training, assistance can be made coherent, planned urban development in the discipline previously in force, provided they have obtained permission landscaping, issued pursuant to Legislative Decree n . 42, 2004, article 146..
Chapter III Provisions on attics and final rules
Article 15
Using the built heritage and recovery of the attics
1. The Region Sardinia promotes recovery for residential purposes of existing loft in the urban areas A, B, C and E with the aim to limit the consumption of new land and to facilitate the implementation of technological interventions for the reduction of energy consumption.
2. In buildings used in whole or in part is permitted for residential purposes only volumetric recovery of the residential roof space existing on the date of entry into force of this Act.
3. We define the attics volumes between the top horizontal closure, not even walked on the last floor and the soffit level of ground cover on the roof, located within the outline of the building approved by regularly qualifying title if required.
4. The recovery of the residential lofts is permitted, subject to qualifying title, through construction projects, provided that all requirements relating to sanitary living conditions provided for in the regulations, except as provided in paragraph 5.
5. The recovery of the residential lofts is allowed provided it is insured for each building unit weight is the average height of 2.40 meters for the spaces for residential use, further reduced to 2.20 meters space for accessories services. For municipalities situated at an altitude in excess of 600 meters above sea level respectively, may be reduced to 2.20 meters for space for housing and 2.00 meters for accessories and services. Any space below the minimum height must be closed by masonry or fixtures and may be permitted as space for a wardrobe and storage service. In correspondence with the light sources to the closure of these spaces is not prescriptive. The calculation of the average weight is done by dividing the volume of the attic with a height of more than 1.50 meters for the relative area.
6. Building interventions aimed at the recovery of the attic can lead to the opening of windows, skylights, roof windows and terraces to ensure compliance with the requirements of aeroilluminazione and, in B only zones are allowed modifications of the height of the ridge and eaves lines and pitch of the roof, only to ensure the parameters set out in paragraph 5.
7. The provisions of this Article shall not apply in the territories for which the municipalities, with reasoned deliberation by the council, shall have the exclusion within a period of ninety days after the entry into force of this Act.
8. With the provisions of this Article shall not apply the terms of Article 10, paragraph 4.
Section 16 Repeal
1. Paragraph 3 Article 4 of Law No 8 of 2004, is repealed.
Article 17 Entry into force
1. This Act comes into force the day following its publication in the Official Gazette of the Autonomous Region of Sardinia.
2009 Regional Council of Sardinia I
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