La perequazione urbanistica. Milano, criticità e rimedi nel caso del PGT 2012

Galuzzi, Paolo

doi:10.3280/scre2014-002009

Cited by 6 publications

(2 citation statements)

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“…The review of the legislation on civic uses reveals that, at present (2022), the validity of Law 168/2017 implies that when evaluating land encumbered by civic use for the purpose of exchange, there must be equivalence between the surface area and environmental value of this land, defined as the "take-off" area, and of the land identified for transferring the civic uses, which will become part of the civic domain, defined as the "landing" area [36,37], to use the terminology often adopted to define the circulation of building rights.…”

Section: Methods For Assessing Environmental Valuementioning

confidence: 99%

Common Property in Italy. Unresolved Issues and an Appraisal Approach: Towards a Definition of Environmental-Economic Civic Value

Battisti

Pisano

2022

Land

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Common property represents a particularly topical and complex issue in Italy due to the widespread (10% of) Italian territory, with millions of buildings built on it and the lack of a clear legal status regarding their alienability and eliminability. Usually known as civic uses, these rights include various forms of collective enjoyment that are recognized by the Italian legal system, such as grazing; hunting; and the right to fell timber, gather firewood, and sow crops. A recent legislative initiative overcame the concept of “eliminating” civic use by introducing the concept of “exchange”, but the unique indication given by the law on how to operate the exchange established the equivalence of the environmental value of the land subject to exchange itself. In the present article, the characteristics of the environmental value or Environmental–Economic Civic Value of land subject to exchange are defined. Consequently, appropriate evaluation procedures/models that could be adopted for ascertaining the environmental value of areas encumbered by civic use that are to be exchanged are identified, considering the different territorial conditions of the presence of civic uses and land areas (land currently encumbered/the land to be encumbered) where an exchange can take place.

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Section: Methods For Assessing Environmental Valuementioning

confidence: 99%

Common Property in Italy. Unresolved Issues and an Appraisal Approach: Towards a Definition of Environmental-Economic Civic Value

Battisti

Pisano

2022

Land

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“…The City of Milan approved the first version of the Territorial Government Plan (in Italian Piano di Governo del Territorio) in February 2011. It has been revoked in the same year and subsequently re-approved in 2012, after some changes (Galluzzi 2014). A further revision led to the adoption, in March 2019, of the current plan, published in the official bulletin of the Lombardy Region in February 2020.…”

Section: The Case Study Of the City Of Milanmentioning

confidence: 99%

Urban planning and the market of development rights in Italy: learning from Milan

Serra

2021

City Territ Archit

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In recent years, the influence of neoliberal principles has led to an experimental application of new market-oriented approaches in the field of urban studies, in order to achieve different objectives of public interest, from the compensation of land use restrictions to the acquisition of areas for public services. Also in Italy, the use of equalization and non-financial compensation mechanisms has been influenced by internationally consolidated models, such as the Transfer of Development Rights programs (TDR). The key issue concerns the legal autonomy of development rights from land ownership, allowing their trade in the municipal market and thus, in theory, balancing private and public benefits. The scientific debate focuses on the several opportunities, in terms of planning effectiveness and flexibility, but also envisages the risk to generate unfairness, deregulation and other speculations. The paper aims to assess the positive and negative impacts of a generalized use of TDR in the urban governance and in the real estate market, adopting a case study research method. The experience of Milan has been investigated, analyzing the municipal registry of development rights. The results highlight strengths and weaknesses of the market of development rights application, in particular the risk of encouraging real estate speculation, in the same way as financial markets. Conclusions suggest the need of a more effective integration of market-based tools in the planning and regulatory framework, avoiding that their uncontrolled use could weaken the role of public authority in the local government.

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