Resolution No. 1634/2025 (the “Resolution”) approves a set of policy and administrative guidelines enabling the Municipality of Milan to enter into substitutive or supplementary agreements in lieu of, or in addition to, a final administrative decision, pursuant to Article 11 of Law No. 241/1990, solely for the purpose of allowing the continuation and completion of building and planning proceedings that have become stalled as a result of the new interpretative guidelines adopted by the Municipality in 2024 and 2025.
1. Scope of application
The resolution provides for action to be taken by analogy with the provisions set out in Resolution No. 1409/2025 and does not indiscriminately apply to all building titles; it refers to proceedings presenting at least one of the following characteristics:
- proceedings in which the building title has not yet been issued or has not yet come into effect, with particular reference to proceedings that have already been examined but were interrupted or precluded by the new municipal policy guidelines;
- self-declared or issued building titles in respect of which the Municipality has already initiated self-review proceedings that have not yet been concluded.
The Resolution is therefore designed to manage “stalled” proceedings that are still at the investigation stage or are otherwise not definitively consolidated.
2. Purpose of the agreements under Article 11
Agreements entered into pursuant to Article 11 (the “Agreements”) are conceived as an exceptional instrument aimed at:
- safeguarding the investigations already carried out (opinions, services conferences, technical assessments);
- avoiding the complete nullification of pending proceedings;
- allowing the resumption of the administrative process in accordance with the new municipal interpretative criteria;
- reducing and preventing administrative litigation.
Such agreements are not automatic, are not imposed ex officio, and require a specific application by the interested party.
3. Essential content of the Agreements
According to the Resolution, the Agreements must provide for:
- On the part of the Municipality:
– continuity of the investigations already carried out within the new proceeding, including by preserving the effects of previously issued opinions, while expressly reserving the competent authority’s discretionary powers in the further handing of the matter;
– transmission of the administrative file to the competent offices;
– completion of the proceeding within the statutory time limits. - On the part of the private party:
– submission of a new building application consistent with the already adopted guidelines (Resolutions No. 199/2024 and No. 552/2025) for the approval of the building project within 3 months from the execution of the Agreement;
– waiver of any pending or future litigation against the measures already adopted by the Municipality.
The authority to enter into such Agreements lies with the competent municipal executives (Dirigenti), and not with the Giunta Comunale.
4. Relationship with criminal proceedings
The Resolution refers to the existence of criminal investigations solely as a factual background, and does not attribute any automatic legal effect to such investigations with respect to building permits that have already been issued.
In particular, it does not introduce:
- automatic suspension of building permits;
- mandatory administrative review;
- mandatory participation in Agreements.