The appraisal of buildable land for property taxation in the adopted general municipal plan

Abstract

In Italy, tax base for “Imposta Municipale Unica” related to the building area-made such by General Plan or its General Variation adopted but not approved-is the value (of the same building area) depending on the building potential of prediction even if not immediately exercisable. However, the building rights can be exercised only after: (i) the final approval of the General Plan/General Variation; (ii) the approval of the Implementation Plan required by Law; (iii) the issuance of certificates of permission building. This has produced in recent years several disputes between owners and local governments; the law did not give univocal solutions: today (2015) there is a conflict of case law relating to consider this areas absolutely as building areas, as well as it isn’t defined what estimating procedures should be used. In this paper, through the application of a model of financial mathematics, an approach that overcomes the conflict law related to the appraisal of the building areas included inGeneral Plans/General Variation adopted but not yet approved, is proposed: the appraisal will be performed in relation to the time and variables between the time of the appraisal and the time (alleged) for the completion of the administrative procedure for obtaining authorizations to build.