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Planning Act.

Original Language Title: Legge Urbanistica.

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LAW 16 July 1980, n. 53 (published in the albo of the Public Palace on July 22, 1980)
Planning Act.

We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved by the Great and General Council
its meeting of 16 July 1980.
Art. 1
Functions and content of the General Plan
The General Plan regulates the use of the entire territory of the Republic; it is
be reviewed periodically, usually every ten years.
It must determine the land use destinations and regulate public and private
interventions in relation to the needs of economic and social development of the community, taking the
Protection of collective urban values, the environmental and natural, as well as those of production.
The General Plan provides for the requirement of residence, settlement, production and commercial
, service, indicating the amount of real estate necessary for the realization of
remaining share of new settlements.
Shall be effected in ubanistico cordon off the area including all developed land through
continuity, including those landlocked free pursuant to art. 2 of this Act.
Finally Provides identify areas intended for public facilities and collective pursuant to art.
3, as well as to divide the territory into homogeneous areas, dictating each zone rules
land use under a transferor shall be the following:
The General Plan identifies the areas in which each entry is subject to the
prior approval of a detailed plan.
Art. 2 Zoning

The homogeneous territorial areas referred to in the preceding article are the following:
1) the parts of the territory affected by urban areas which are of historical, artistic or environmental value or particular
from portions of them, including the surrounding areas, which can
considered an integral part, to these characteristics, the agglomerates themselves;
2) parts of the totally or partially built-up area, other than the areas referred to in point 1) and
mainly residential or residential tourism;
3) the parts of the territory intended for new housing developments or mainly for residential
;
4) the parts of the territory, even if identified, to be allocated to settlements with a majority function
productive, industrial, craft, commercial;
5) the parts of the territory intended for agricultural use;
6) the parts of the territory allocated to the execution of public equipment in Article. 3,
well as any other public work.
Special requirements, the General Plan may provide sub-areas, as well as areas
special bond for the protection of the environment and of the artistic and archaeological heritage.
Art. 3
Standards urban
The Plan must provide an allocation of areas for me ima mandatory equipment
public and community services, calculated on abit nti insediabili, equal to:
1) for housing developments:
a) 4.10 mq./ab. of areas for compulsory education, kindergartens, nursery schools;
B) 3.95 mq./ab. of areas for common interess equipment, including spaces reserved for
places of worship;
C) 31 mq./ab. of areas equipped spaces to public green, play and sports;
D) 3.60 mq./ab. of areas for public parking.
2) for production sites, industrial, handicraft, commercial, office and tourist
, 8% of the gross floor area of ​​the planned buildings.
In existing settlements, if it is shown the impossibility of obtaining the amount of spaces
in the preceding paragraph of suitable areas, deducted if bb already fulfilled dreams, the same spaces ranging
found within the limits of availability existing elle immediate vicinity, or at affordable
areas, bearing in mind the influence of rays of the items concerned.
Art. 4
multi-year programs of implementation
The multi-year implementation program contains:
a) the indication of areas and buildings to be acquired for the construction of infrastructure,
services and public facilities, as well as related expenses and sources of funding;
B) an indication of the areas identified in the detailed plans, intended for
construction of social housing, public or agreement, as well as settlements productive
;
C) an indication of the other areas, with residential and production use, for which it wants to start
implementation;
D) other priority interventions deemed Unexpected in previous letters.

The interventions in agricultural areas are disciplinat art. 19 of this Law.
After the approval of the multiannual program for the implementation are allowed, besides the interventions in
therein, all interventions on existing buildings, comply with the General Plan forecasts
regulator, provided the building is not included in a detailed plan.
The multiannual implementation program may declare the compulsory nature of various activities or
works, whether or not included in detailed plans.
If within the penultimate year of the multi-year program of implementation has not been
presented the grant application for the above mentioned oper, property, after giving notice,
will be expropriated by the procedure and the modalities set out in 'art. 12 of Law 15 March 1980 n.
18. However, the Planning Commission, based on reasonable grounds, may grant the
maximum one-year extension for the realization of works.
The Congress of State may also propose to the Planning Commission, based on valuations general economic and social
, the reintegration of the works referred to in this article in the next multi-year program implementation
. The approval by the Planning Commission does
invalidate the expropriation process on properties and restores the terms.
The homogeneous sectors, the characteristics of which will be defined with the PRG Law, which under
art. 7 of the Law March 15, 1980 n. 18, is assigned the value of the detailed plan,
are valid until the end of the effectiveness of amma multi-year implementation prog.
The multiannual implementation program may be amended and supplemented at the earliest one year after its approval
.
Art. 5 detailed plans

The detailed plans must indicate:
1) the spaces reserved for works and facilities of general interest;
2) the intervention units for the construction of new settlements and batches containing
buildings and buildings to be transformed with special related presc inherently free;
3) vehicular roads, bicycle and pedestrian, with its joints, external or internal in d
intervention units;
4) buildings intended for demolition and reconstruction, or to the restoration with related procedures;
5) the works of primary and secondary urbanization to achieve the implementation of the settlements;
6) heights and volumes of buildings;
7) the distances from the buildings to clarification and int gration of the provisions of the rules of
General Plan;
8) cadastral lists the properties to be expropriated or to be secured;
9) the concession agreements regulating the relations between the Administration and the private, the time and
ways of implementation of the works of urbanization and the assumption of related charges.
The detailed plan identifies the works and ar and for which it is necessary to
expropriation in accordance with Art. 6.
In that case the detailed plan must be accompanied by explanatory report and a report of
highest estimate of expenses necessary for the acquisition of the areas and for the execution of the planned works
.

Art. 6 Purpose of the detailed plans

The detailed plan can be an instrument for the implementation, in accordance with the provisions of
General Plan, to:
a) all the works of urbanization, primary and secondary, as well as of any other work he deemed
of general interest;
B) programs aimed at the recovery of the housing;
C) of new residential settlements programs including social housing variable tranches, public or settled
;
D) programs of new production facilities of any kind.
The detailed plan, in order to achieve the declaration of public utility
necessary for the initiation of the expropriation procedure, is subject to the provisions that require it, the
procedure under Article. 12 of Law 15 March 1980 n. 18.
Art. 7 Implementation of the detailed plan

The works referred to in subparagraph a) of the previous article are normally carried out directly by
State.
In areas where the PRG provides for implementation by means of detailed plans, no
edificatoria grant, subject to interventions on the existing listed in the second paragraph of art. 8
can be released in the same areas before the detailed plan approval.
The implementation of the programs referred to in subparagraphs b), c); d); It can be done either directly or by
by the State or by private individuals.
The properties included in the detailed plan n subject to expropriation is permitted by

Of which qualify the preventive or directed according to the requirements of the implementing rules
of the detailed plan.
The preventive intervention in the preceding paragraph consists in developing a plan urban
detailed, extended to the entire area of ​​intervention identified by the detailed and equipped
floor of a convention governing the execution of urbanization works.
This plan is approved by the City Planning Commission.
The concession granting construction is regulated by art. 11.
For buildings and areas subject to expropriation, the State established the quota reserved
any direct intervention, shall surrender the remainder to those who require it, staring in separate
notice the criteria of preference, among which you will have to take account of their status as
expropriated.
The allocation to private applicants Realty d in the previous paragraph is based on
of a convention, whose scheme-type constitutes an annex to the detailed plan which will
provide, unless others, the following elements :
a) design data and typological characteristics of the buildings to be built;
B) the criteria for the determination and periodical review of rents
well as for the determination of the sale price of the buildings, where it is permitted;
C) the cases in which compliance with the obligations involves the resolution of the disposition;
D) any exemptions granted, total or partial, of the contribution in art. 3 of Law 15 March 1980 n. 18
for special interventions;
E) the duration of the validity of the agreement.
If the transferee intends to transfer the property must notify his intention to
State Congress who, within the 60 day period, you may exercise the right of first refusal.
In case of violation of the provisions of the preceding paragraph the State may get
of the property transfer to the buyer damage and any subsequent assignee
within two years from the transcript of the contract at a price equal to conventional
sale price.
Art. 8
Concession and authorization to build
The granting of art. 2 of Law 15 March 1980 n. 18 is required for all interventions
exceeding the extraordinary maintenance performed by any person, including the State Administration
even running rticolareggiati plans.
The works of extraordinary maintenance that is required simple free consent, to
accordance with art. 6 of the law 15 March 1980 n. 18, are the works and the changes necessary to renew and replace
also structural parts of difici, as well as the works and modifications to
implement and integrate sanitation and technology services, without adversely affecting trading volumes and
the surfaces of individual units, and provided that the intended end-use is between
those provided by the General Plan for the area in which the intervention falls.
Are excepted from the previous paragraph of the work on properties subject to special restrictions under
laws of the environmental heritage protection, storic, artistic and archaeological heritage.
Ordinary maintenance works are carried out upon previous complaint to the Commission Technical
.
Art. 9
concession Contribution
The concession contribution art. 3 of Law 15 March 1980 n.
18 is determined at the time of the release of the single grant on the basis of scales approved by the City Planning Commission
.
These tables are drawn up bearing in mind:
a) of the features and destinations in sub area in which is divided the territory of the Republic
;
B) the consistency of the works of existing primary infrastructure in the area and assessed by reference to the total
urban standards;
C) of the structural and the Dest one building, as well as any other facts relevant
on the economic and social level.
Failing to primary infrastructure works of art. 10 afferent "the lottery",
the Administration will impose the applicant of the direct execution of the works themselves.
In this case the contribution will be reduced by up to a maximum of 50%.
It 'always saves the Administration the right to agree with the dealer, to offset the whole or part of the contribution
, the direct execution of other works of urbanization, or application
by the dealer sales or c noni predetermined rental prices from a
Convention kind prepared by the Planning Commission.
Art. 10
Urban Redevelopment
They are primary infrastructure works:

A) residential streets;
B) parking spaces or parking;
C) sewers;
D) water supply;
E) electric power and gas distribution network;
F) public lighting;
G) equipped green.
They are secondary infrastructure works;
A) nursery schools and kindergartens;
B) primary schools;
C) markets;
D) Administration branch offices;
E) buildings for worship;
F) sports and recreational facilities;
G) Social and cultural centers and health facilities;
H) green areas.
Art. 11
Issue and content of the license to build
Anyone wishing to obtain a license to build pr must submit the appropriate application to the Commission
Technical accompanied by project works necessary for the description of the work.
The Planning Commission will have a detailed list of the documents and Annexes
produce.
The Technical Commission determinations will have to be communicated to the
within 90 days from the date of the application or from the date of submission of any additional documents
that can be applied at once, and published in excerpt in the appropriate register at the site
office of Planning, Land and at the premises of the castle houses. And 'admitted
use by anyone who has an interest in the Commission itself within a period of 30 days from the publication
or from the date of notification of the resolution.
In the grant letter indicating the terms of commencement and completion of the work.
In concessions involving the payment of the contribution and the execution of infrastructure works
pursuant to art. 9 shall be governed:
a) the manner and timing of the payment of contributions in accordance with art. 5 of Law 15 March 1980 n
. 18;
B) an indication of the works to be carried out directly, as well as the time and manner of their implementation
;
C) the financial security to be given to cover any obligations arising from the grant.
In the event of non-use of the concession will retain the Administration that the first installment of the contribution paid
when granted, unless chel'interessato ask renewal, in which case that
sum will be credited into account the new contribution.
They are subject to various penalties for breach of the Conventions referred to in Article. 7.
Art.

12 Penalties Without prejudice to the sanctions provided for in Articles 37 and 38 of Law 15 March 1980 n. 18, failure
payment of the contribution in terms of art. 11 involves:
a) the payment of interest equal to the current discount rate if it is paid in subsequent
30 days;
B) the payment of a penalty equal to 1/3 of the total contribution when the delay is
continuing beyond this deadline.
The penalties referred to in the preceding paragraph shall be imposed by the Technical Committee referred to in Article.
17.
In the case of non-fulfillment of the obligation to execution of urbanization in art. 9, third and fourth paragraphs
, the Administration may run the op kings themselves to the detriment of the concessionaire
using, for this purpose, the financial guarantees referred to in subparagraph c) of the previous article, except as || | final adjustments, and also will apply the penalties referred to in the preceding paragraph.
Art. 13
Procedure of the General Plan education and related variants
The draft General Plan consists of the following documents:
a) Site plan scale 1: 5,000;
B) Plan of scale settlements 1: 2,000;
C) Plan of settlements in scale 1: 1,000.
In case of non-processed correspondence between different scales graphics
apply the instructions contained in the drawings in greater relationship.
This project presented by the State Congress, which makes use of the Office for the Territory Planning
in art. 18, is subjected at first reading to the Great and General Council after
which is deposited to public view at the Office of Planning and Regional
for a period of 40 consecutive days.
Within the next 30 days anyone can submit comments, which are considered by the
Planning Commission, which expresses on them reasoned opinions and transmit them, together with
observations, the Great and General Council. The process ends with the approval of the General Plan
by the Great and General Council.
Art. 14
procedure training and adoption of the multiannual programm implementation
The multi-year implementation program consists of the following elements:
a) general report
b) mapping
c) financial report.

The Congress of State shall adopt the draft of the multiannual programm implementation and shall transmit it for approval to the Planning Commission
in art. 16, which approves
absolute majority of its members. The approved program is subject to forms of publication referred to the Law
May 5, 1979 n. 26, and is deposited, for the entire period of its validity, at
Department of Planning.
Art.
15 Procedure for approval of the plans and training part colareggiati
The detailed plans are made up of the following ELEMENTS:
a) Explanatory report
b) Implementing rules
c) scaling consistency State 1: 2,000
d) Boundaries of the blocks at 1: 1,000
e) Zoning scale 1: 1,000
f) Planivolumetrico scale 1: 1,000
g) of the Convention scheme governing relations between the Administration and stakeholders.
The detailed plans are approved with the procedures provided in the previous article and
are subject to the same forms of advertising.
Art. 16
Planning Commission - Composition and expertise
E 'established the Planning Commission consists of twelve members elected by and within the
Great and General Council and formed:
a) the deputy who chairs the Programming ;
B) one member from each this list in the Great and General Council;
C) five members chosen on a pro-rata among the groups board in the Great and General Council
.
The Commission has validly established and may regularly meet with the presence of
absolute majority of its members who have a deliberative vote.
In addition to the members listed above, may participate in meetings without the right to vote;
- A representative Programming;
- A representative of the Office for Territorial Planning, as secretary;
- The Director of the State Museum;
- The Health Officer.
Each group of States referred to in subparagraphs a), b), c), shall be entitled to be assisted at meetings by
own experts.
The Commission shall hold office until the dissolution of the Council Great and General and in any case
, until the next election of the new Commission.
The Planning Commission gives its opinion on ossrvazioni the Master Plan under
art. 13, consistent with the general guiding principles of the Master Plan,
approve the multiannual implementation plans, detailed plans, the
concession agreements in art. 9 and decide on any other matter attributed to it by law.
It also recommends all useful initiatives to promote the implementation of the General Plan.
The Commission of the plan referred to in Law 21 May 1976 n. 21 and 26 July n. 40 is repealed.
Art. 17
Technical Commission - Composition and competence
E 'established the Technical Committee as follows:
1) Chief Engineer Technical Office State who presides;
2) Executive Office for Spatial Planning;
3) Manager in the construction sector of the Technical State;
4) Head of the Education Section building practices;
5) Office of General Counsel.
To put the license is binding to the opinion of competence issued
Health Officer.
At the Technical Commission is entrusted with the powers and responsibilities of the Commission of Public Works
, Building and for the preservation of monuments, works of art and antiquities of which the Law
April 28 15 of 1961, except for the areas of public works and town planning and
including, on a temporary basis, until the education of special body, the powers provided for by Law n
. 17 of 10 June 1919; as from the entry into force of this Act the Commission of
under Law 28 April 1961 n. 15 is suppressed.
All projects submitted to the Building Commission before the entry into force of this Act
are examined by the Technical Commission under the rules in force at the time of their presentation
.
After the entry into force of this Act and until the entry into force of the Plan General
, is not allowed the presentation of new building practices with the exception of those relating to
variations during construction without increasing the volume or computable surfaces, or
changes to the intended use. As a result, the deadline for the presentation of new
building practices and related formalities, required by laws in force before the entry into force
of this Act, shall be extended to 90 days after entry into force of the implementing rules
the General Plan.
Art. 18

Office for Spatial Planning
E 'established the Office for Spatial Planning. It has the following functional i:
a) development of the master plan projects and variants;
B) elaboration of detailed plans;
C) management of detailed plans, the conve tions, licenses and concessions;
D) processed and updating data and cartography;
E) any other tasks assigned in relation to Pi no Controller General.
Within the Office for Spatial Planning Section is established "Education Practices
Edilizie", where the following functions are assigned:
- study of building practices presented to the Technical Committee;
- Cadastral surveys and research;
- Inspections related to the same practices;
- Formulations of instructors opinions;
- Forwarding to the Technical Committee of cases involved;
- Every task required high education of building practices themselves.
Waiting for the reform of public administration, the current administrative structure of the education
building practices at the State Technical Department is transferred to the Office for
Spatial Planning.
Art. 19

In agricultural areas Agricultural areas interventions involving nu there settlements or new plants
processing or farming, or connected to a radical transformation of the agricultural
run, are allowed after approvazi I an agricultural plan for restructuring private initiative by the Town Planning Commission
.
These plans shall, according to the production needs of the companies, the quality and quantity
of infrastructure and construction projects needed for their development; they are accompanied by an agreement between
Administration and applicants to regulate the manner and timing of implementation of the works of primary urbanization
and the necessary general accommodations.
These plans are valid for five years and are subject to the prior opinion of
Agrarian Commission.
They have to define:
- the spaces intended for residential buildings;
- The spaces for corporate buildings and to any processing plants;
- Farm production, growing distribution and service infrastructure;
- The size of the land constituting the company.
The papers and documents that form the floors are indicated by the General Plan.
Art. 20
rules on reinforced concrete and safety
By Regency Decree to be issued within 12 months from the date of entry into force of
this law will be adopted regulatory provisions regarding the regulation of works of concrete
armed, normal, pre-stressed steel structure, providing in
them, the complaint, the testing and the system of supervision on the execution of those works, entrusting the task to the State
Technical Department.
In the same way you will own prescriptions acts to security bodies and to the prevention of fires
construction and accident prevention.
Art. 21
environmental hygiene standards and energy conservation - Licenses
By Regency Decree to be issued within 12 months from the entry into force of this Act
will be adopted new rules on the hygiene of buildings, environment and saving energy
.
No building or portion of it can be used without a license issued by the Commission
Technical heard the opinion of the Office Health which provides, after
verification of compliance with health standards . After 90 rounds the request of the interested
the building can still be used, without any subsequent measures Estando administration
.
Art. 22 Professional Skills

The Great and General Council, within months of it coming into force of this Act,
will adopt a legislative measure on the qualifying criteria and quantitative
to define the limitations of competence.
Art.

23 Transitional rule are repealed all provisions incompatible with those of this Act.
Until the approval of the regulatory standards referred to in Articles 20 and 21 shall continue to apply the existing provisions
.
Art. 24
This Act comes into force after its legal publication.
Given at Our Residence, this day of July 17 1980/1679 Foundation of the Republic THE CAPTAINS REGENT

Peter Chiaruzzi - First Marani

THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Alvaro Selva