Building law in Italy

Basics of Italian building law

Italian building law is governed by the national building code and other specific regulations. These laws set out the basic guidelines for the use of land and the development of construction projects. The main aspects include spatial planning, urban planning, building quality and compliance with environmental standards.

Which activities require a building permit? 

In Italy, all construction activities relating to the erection of buildings, facilities and installations are subject to approval under building law. The use of land for operational or commercial purposes also requires approval from the competent authority.

The following construction activities require the approval of the responsible municipality:

• Division of land: Any form of land division requires approval.
• Earthworks and ground levelling: Work that changes the ground or stores construction and waste materials must be approved.
• Construction work: This includes the construction of buildings, roads and other infrastructure.
• Construction of new buildings: Permits are required for the construction of new buildings and facilities, whether temporary or permanent.
• Extension and conversion work: Work to extend or convert existing buildings and facilities is also subject to approval.

Approval procedure

Every construction project in Italy requires careful planning and the obtaining of various permits. Depending on the region, there may be differences in the approval process.

Building permit:

• A building permit must be obtained from the responsible municipality before construction can begin.
• This approval ensures that the construction project complies with the applicable urban planning regulations.
• The municipality must decide on your application within 3 months. If no decision is made within this period, the permit is either tacitly approved or rejected, depending on the type and scope of the project.
• Rejection notices can be legally contested.

Certificate of habitability:

• This initial occupancy permit is required to use a new or converted building for the first time.
• They must prove that the finished building complies with the approved plans as well as the technical, safety, hygiene and access requirements.
• Utility companies (electricity, water, gas, telephone) require this approval before concluding a contract.
• Notaries and land registries also require this approval in order to authorize or register deeds for new buildings.

What categories of building land are there? 

Urban building land

This type of plot usually has access to municipal services such as water, sewage, electricity and paved sidewalks. What can be built on this plot is specified in the development plan of the respective municipality, and each municipality has its own regulations. Upon application, the municipality will provide information on whether the plot is intended for single-family houses or multi-family houses and will include details on plot size, building height, superstructure, living space and boundary distances.

Expected building land

Plots that could potentially become building land in the future are designated as building land. This land is in a transitional state and will only become building land after a legal process.

Rural properties

Rural plots of land are similar to the German “Bauen im Außenbereich”. Regional building laws and local municipal bylaws regulate what may be built here.

Att. Prof. (GTU / Georgien) Dr. phil. Stephan J. Lang