Planning and Environmental Issues
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Planning and Environmental Issues Start Comparison
Who has authority over land development and environmental regulation?

The relevant municipality with respect to the planning of the land development in accordance with the applicable regional plan, and the state with respect to environmental regulation.

What environmental laws affect the use and occupation of real estate?

Legislative Decree No. 152/2006 ("Environmental Code") represents the environmental laws consolidation act and, therefore, can be regarded as the core of all Italian environmental regulations.

What main permits or licenses are required for building or occupying real estate?
  • A building permit (permesso di costruire) granted by the local municipality is required for any "new construction" such as new buildings, building area enlargements, etc. (Presidential Decree No. 380/2001).
  • A simple notification to the municipality (Segnalazione Certificata di Inizio Attività (SCIA)) is required for extraordinary maintenance works and minor construction work (e.g., renovations).
  • A communication to the municipality (Comunicazione di Inizio Lavori Asseverata) is required for all works that do not fall in the scope of the building permit or SCIA regimes.
  • In case of new construction, a fit-for-use certification (certificato di agibilità/abitabilità) must be obtained. The certificate will then have to be approved by the competent municipality (silent approval applies).
  • Depending on use of the property, environmental permits may be required (wastewater discharge authorization, air emission authorization, fire prevention certificate, etc.).
  • If a building is classified as having a special architectural merit of historical interest or is situated in an area of historical or environmental significance, several controls and limitations are applied in accordance with Legislative Decree No. 42/2004.
Can an environmental cleanup be required?

Yes.

All land contamination legislation is now governed by the Environmental Code. Article 242 of the Environmental Code provides for a special cleanup procedure to be followed in cases of contamination, or actual and current risk of contamination, consistent with the "polluter pays" EU principle.

Cleanup is required if the land is considered contaminated. Under Article 240 of the Environmental Code, land is "contaminated" when one of the risk-concentration values (polluting capability and risk analysis) of polluting substances in the soil, subsoil, groundwater or superficial waters, exceeds the acceptable limits of concentration (indicated in Enclosure I of the Environmental Code).

Each polluting substance can be present on the site up to a certain level. However, if any polluting substance exceeds the acceptable limits, then the cleanup procedure must be carried out in accordance with the above-mentioned law. Please note that the acceptable level in the soil varies depending on the intended use of the site (i.e., residential or industrial).

Article 245 of the Environmental Code provides that the owner or the operator of the site that is not responsible for the contamination, must immediately take the appropriate preventive measures and report to the competent authorities any discovery of historical contamination exceeding the acceptable limits of concentration. They are not obliged to carry out remediation, but failure to take such preventive measures and report may originate liability for damages if any (e.g., in case of dynamic contamination and worsening of the situation due to the non-adoption of preventive measures).

Note that in case the polluter is unknown or is unable to undertake the remediation costs, the authorities may investigate the situation to identify the polluter. If the polluter remains unknown or does not remediate for whatever reason, the authorities may proceed with remediation on their own. In such a case, the property is subject to a lien guaranteeing the remediation costs, even if the property owner was not the polluter and the site could be expropriated if the parties do not pay the remediation costs.

Are there minimum energy performance requirements for buildings?

Minimum energy efficiency requirements have been introduced for new buildings and for major renovation works on existing buildings.

Legislative Decree No. 192/2005, enacting Directive 2010/31/EU on Nearly Energy Zero Buildings, provides for minimum energy efficiency requirements for new buildings. 

Moreover, Legislative Decree No. 199/2021 requires new buildings and buildings that undergo major renovation works to cover a minimum share of their heating, cooling and electricity demand via renewable energy.

Are there other regulatory measures that aim to improve the sustainability of newly constructed and existing buildings?

Italian legislation on energy performance certificate is contained under Legislative Decree No. 192/2005, which has been subject to several amendments.

The current version of the Legislative Decree No. 192/2005 provides the following:

  • During the negotiations of a lease agreement, the landlord must make available the energy performance certificate to the prospective tenant.
  • At the end of the negotiations, the landlord must provide a copy of that certificate to the prospective tenant.
  • The parties of a lease agreement are requested to insert in the text of the agreement a special clause in which the tenant acknowledges that it has received the information and documentation, including the certificate, concerning the energy performance of the leased building or unit.
  • For the lease of whole buildings, the parties are also requested to attach a copy of the energy performance certificate to the agreement. This is not requested for leases of single units.
  • If the tenant's declaration that it has received the information and documentation concerning the energy certificate of the leased premises is omitted or, for leases of whole buildings, if the certificate is not attached to the agreement, the parties will be subject to payment, jointly and in equal parts, of an administrative pecuniary fine. The national legislation must then be coordinated and integrated with the regulations issued at the regional level, if any.