The Legislative Decree of 29 May 2024 n. 69, in article 2, specifically regulates the maintenance of removable structures created during the Covid emergency with the aim of maintaining those considered to be of social utility (e.g. health, welfare and educational purposes),
The regulatory provision (article 2 of the decree in question), which in this case does not constitute a modification or integration of the TEU (Consolidated Building Act), is aimed at making it possible to maintain the removable structures built during the national state of emergency declared following the spread of the Covid-19 epidemic.
The conditions necessary to be able to maintain the aforementioned structures, also in derogation of the time limit of 180 days provided for by article 6, paragraph 1, letter e-bis, of the Consolidated Building Act, are:
- compliance with municipal planning regulations and sector regulations;
- use only for purposes: health, welfare, educational (dehors created by bars and restaurants are therefore not included;
- proven demonstration of the continuing need for use.
From a procedural point of view, it is necessary to present a sworn notice of commencement of works where the proven and objective maintenance needs and the construction period of the structure must be indicated.
The Municipality may request the removal of non-compliant structures with a reasoned provision. The application of the provisions must not limit the rights of third parties.
“Art. 2 (Removable structures created during the Covid-19 health emergency) of the Law Decree in question.
1. Without prejudice to the provisions of the municipal planning instruments, and in any case in compliance with other sector regulations having an impact on the regulation of construction activity and, in particular, the anti-seismic, safety, fire prevention, hygiene-sanitary regulations, those relating to energy efficiency, protection from hydrogeological risk, as well as the provisions contained in the code of cultural heritage and landscape, referred to in legislative decree 22 January 2004, n. 42, removable structures created for health, welfare and educational purposes during the national state of emergency declared as a consequence of the health risk connected to the onset of pathologies deriving from Covid-19 transmissible viral agents and kept in operation on the date of entry into force of the this provision may remain installed in derogation of the time limit referred to in article 6, paragraph 1, letter e-bis), of the decree of the President of the Republic of 6 June 2001, n. 380, in the presence of proven and objective needs capable of demonstrating the continuing necessity.
2. For the purposes referred to in paragraph 1, the interested parties present a notice of commencement of works sworn pursuant to article 6-bis of the Presidential Decree of 6 June 2001, n. 380. The territorially competent Municipality remains entitled to request its removal at any time, with a reasoned provision, in the event that non-compliance of the work with the provisions and requirements referred to in paragraph 1 is detected”.
