Elimination of the ban on updating fees for passive leases of public bodies; Confconstruction Calabria: first step in the right direction

Photo of author

By John

It was published in the Official Journal of 30 December 2023, n. 303, the Legislative Decree of 30 December 2023, n. 215, containing “Urgent provisions regarding regulatory deadlines”, so-called “Milleproroghe 2024”, i.e. the usual end-of-year provision which provides for numerous extensions in various areas of application including economics and taxation, public administrations, infrastructures and transport.
Among the significant innovations affecting the real estate sector is the failure to re-propose the provision inserted by the Monti Government with Legislative Decree 95/2012 (converted with amendments into Law 135/2012), then reiterated for over a decade until the previous one ” Milleproroghe”, concerning the prohibition on updating the fees for passive leases of public bodies.
In relation to this matter, the result, always requested by Confedilizia from the first moment, of theelimination of a highly discriminatory and penalizing rule for owners of properties leased to the PA, sometimes even with contracts dating back to a long time ago. Furthermore, it was a ban that contributed to further blocking the private rental market and to the contraction of supply, which was also anchored to criteria completely divorced from the principles of impartiality and equal treatment in rental relationships as well as good progress of the administrative action, and to absurd, not to say embarrassing, reasons. Among them, the one that recalled the “exceptional nature of the economic situation”: however, it is not even possible to hypothesize this, given that the rule under discussion has been reiterated for over a decade, and the other that even assumed claims of “priority needs” of achieving the objectives of containing public spending”, that is to say, taxpayers’ money can also be wasted, but public spending must instead be contained when it is necessary to pay an owner what is established in a rental contract and is required by law, especially in periods of strong inflation, which has significantly eroded the purchasing power of individuals and families.
For Sandro Scoppa, president of Confconstruction Calabria and Catanzaro: «this is an important signal. The hope is that such an initiative, to be confirmed at the time of conversion of the decree, will be followed by other and more incisive measures such as the liberalization of rental contracts for properties for use other than residential and, at the same time, the introduction of the tax rate dry also for such relationships, to the extent already in place for residential rentals with agreed rent. All things necessary for the relaunch of a sector in severe crisis.”