Intended use

What is it and when can it be done?
20.09.2022 2 minuti di lettura

When visiting different properties, it may be that you will be fascinated by the neighborhood, the interiors and finishes as well as the nearby amenities. However, it can happen that the property falls within an intended use that does not coincide with the purpose of the buyer. 
Let’s figure this out.

What is this?
The intended use or, better, urban use is the classification of a property according to the function it must perform. The intended use is an important concept because it attests to an administrative right but also has a legal value. Indeed, if you use a property for an improper function than that declared, an unlawful act is committed. 

If you do not know the intended use of the property you can find it in the habitability certificate, in the SCIA or in the planning permission. If you find that the property you want to buy is not intended to be inhabited, it is good to make a change of use. 

What are the categories?
If the purpose of the property changes or does not correspond with the needs of the buyer, it is necessary to ask for a change of intended use of the property, to change its main function and be up to standard.  The main categories of intended use are:

  1. residential;
  2. industrial and artisanal;
  3. commercial;
  4. tourist accommodation;
  5. directional; 
  6. agricultural or rural.


How do you do that?
The City Hall of the town where the property is located, is the entity to ask for a change of the intended use. When you want to change the intended use you may also need construction work for the completion of the project, the latter are not always granted and may require the payment of significant charges, this way is defined as a change intended use with works. 

But let’s take a step back, the change of intended use is an ordinary practice, usually accepted quickly and easy to handle if there are no construction works to be performed, in this case the procedural scheme is different.
If you require the simple change of intended use, the process is simple, you must submit the application to the municipality with the Certified Report of Start Activity (SCIA), then you will have to make a second step, and to communicate the cadastral variation to the Internal Revenue Agency. 

The change of intended use involves the payment of the costs of urbanization that depend on the municipality where the property is located and the type of passage you want to make. 
The above described is a general process because the procedural scheme depends very much on the Municipality rules. 

When it can’t be done? 
If changing the intended use of a property is a common practice, there are exceptions to this practice. The cases are:

  1. if it does not comply with minimum functional requirements, for example, the property does not possess the intrinsic characteristics indicated by law, such as compliance with hygiene and health requirements, air-illuminating ratios and minimum surface areas of the premises;
  2. if the municipal urban planning instrument indicates that it cannot be carried out for that property;
  3. if there are limits, such as the condominium's regulations.  

 

The change of intended use is a topic that can have complex aspects, so it is advisable to rely on a specialized consultant who can support you in the procedure. 
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