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.
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.
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.
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.
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: