The principle of development right conservation. How, why, and with what effects development rights outlive the building they produce [Il principio di conservazione dell’edificabilità. Come, perché e con quali effetti il diritto edificatorio sopravvive al manufatto che produce]

Abstract

In Italy, over the last twenty years, the debate surrounding development rights as tools available for urban planning has undergone a significant acceleration. Development rights have been unanimously regarded by jurists and urban planners as the acknowledgment of the collective’s right to build granted during the planning phase. However, it has also been unanimously assumed that development rights exhaust their meaning and effects at the moment of their utilization, namely when they are transformed into a building. This study aims to demonstrate, on the contrary, how development rights remain valid and unchanged within an unlimited time horizon, far exceeding the lifespan of the produced building itself, remaining unaffected by the physical transformations occurring over time. This characteristic, provocatively termed the «buildability conservation principle» has relevant effects on individual behaviors, urban and territorial policies, regeneration policies and property taxation.The first part of the study analyzes the definition of development rights and their legal effects; the second part argues for the conservation principle with specific reference to its effects on legitimacy and certain associated rights; the third part examines the framework of taxation and its effects on urban policies. The conclusions outline several potential paths of work and discussion concerning the topic.

Keywords

• development right
• disused property stock
• reuse
• property taxation