Revision of the Law on Ordinary Residence Restriction
What the Gilmozzi Law Is
Second homes in Trentino are a dream that, for many, is destined to remain just that. This is because Trentino is governed by the so-called “Gilmozzi Law,” a provincial regulation (no. 16 of 2005) that was conceived and approved with the goal of limiting the overdevelopment of mountain landscapes. In practice, in a number of Trentino municipalities classified as “tourist-oriented,” it is only possible to construct new residential buildings if they are intended to become the primary residence of the people living in them (not necessarily the owner).
In fact, it is also possible to purchase one or more properties as an investment and rent them out, as long as the tenants use them as their primary home.
However, those looking for second homes in Trentino may have seen listings with the phrase: “exempt from Gilmozzi Law,” or “exempt from primary home restriction,” or even “exempt from ordinary residence restriction.”
The Gilmozzi Law as Modified by Law 6 of 2020
Recently, with Law 6 of 2020 (art. 5), slight modifications were made to the Gilmozzi Law. The core of the law remains unchanged (you cannot build new holiday apartments, and if the law is not respected, the fine is €15,000 every three months until the restriction is complied with). However, it is now permitted to change the intended use of new apartments obtained from existing buildings, provided they are architecturally and energetically redeveloped with a minimum amount of renovation and achieve at least an energy class of B+.
The project must still be authorized by the landscape commission, a change in the master plan is required for the change of use, and a redevelopment project must be carried out.
By meeting these requirements, it is therefore possible to build second homes in Trentino without the ordinary residence restriction.
