Strategic planning/zoning in Italy is governed by a combination of law and policy at both national and regional level.
Such law and policy is contained in:
In particular, the regions are given wide margins of discretion in disciplining such aspects, with the exception of the fundamental principles, which are set forth by national laws.
Each single municipality also has its own building regulations, which control and direct the growth of the urban centres and of the nearby areas.
Last modified 13 Mar 2025
Yes, planning permission is normally required before any operational development or a material change of use can occur. Usually, such control is carried out by the municipality.
In certain cases, specific planning permission is not required because the works are automatically authorised as 'permitted development'.
Additionally, as well as a planning permission, permits may be necessary before a landowner can construct a new building or refurbish an existing building. These permits include building permits, demolition permits and consents for works to buildings of historic or architectural interest.
Last modified 13 Mar 2025
Yes, the project detailing the design and appearance of new buildings drafted by private entities is verified by the competent authorities (the municipality and eventually other the authorities involved) in order to assess its compliance with the planning legislation before the issuance of the title authorizing the works. The method of construction is governed by building regulations.
Last modified 13 Mar 2025
Permission is not required where the works or change of use are already authorized as ‘permitted development’ under the applicable zoning plan. If this is not the case, permission is required before any operational development or a material change of use can occur. Moreover, the change of use of the property may entail the payment of fees as well as the realization of new works for public interest and parking lots.
Last modified 13 Mar 2025
The development and the utilization of real estate are currently disciplined by national and regional laws. The main laws for town planning and building are Law no. 1150 of 1942 and Presidential Decree no. 380 of 2001, respectively. The regional legislation varies with each region.
Responsibility for regulating the development and designated use of individual parcels of land in Italy lies with the municipalities, which have the power to regulate the development and use of real estate by:
Last modified 13 Mar 2025
This depends on the nature of the development and the possible easements, encumbrances and other restrictions affecting the area, therefore, it can only be determined on case-by-case basis but may require various kinds of licences, authorizations, opinions and/or permits. However, as many areas in Italy are subject to specific environmental, landscape or monumental restraints, the release of a building title might require a specific authorization by the local branch of the Ministry of Culture, which may limit the development of a project in said areas or include specific prescriptions and conditions to be fulfilled in connection with the intervention.
Last modified 13 Mar 2025
As to the development of a building, the permission has to be requested with the filing of a paper to the competent municipality, either in the form of a request for building permit or of a certified work commencement notice (s.c. SCIA). The building title can be obtained by the applicant after the municipality expressly issues the authorization (in the case of a building permit) or after the request (in case of work commencement notice). In the case of a certified work commencement notice, the works can be started immediately after the submission of the notice, but the municipality is still entitled to order a halt to activity or to ask for further documentation and changes to the works covered by the certified work commencement notice within 30 days of the submission. Once the 30-day period has passed, the municipality can order a halt to the works only where there is a serious risk to artistic and cultural assets, health, the environment, public security, or national defence. At any rate, unless the declarations in the SCIA request are false, after 12 months the municipality is no longer entitled to annul it by taking self-protection measures.
Depending on the type of permission and the stage of the process within a specific term, the applicant and third parties can make objections to the intention to refuse or grant the permits and the applicant and third parties with a particular interest can object to the municipality’s decision. The municipality must take the objections into account when deciding or, if provided after the decision has been made, review that decision. If the municipality does not address objections which are raised against the intention to grant or refuse permission or does not review/justify its decision satisfactorily, the applicant or third party with a particular interest can submit an appeal to the competent court.
Last modified 13 Mar 2025
Third parties can object to (the intention to grant) permission and can appeal to the court (Regional Administrative Tribunal – TAR) against the decision of the municipality to reject their objection(s) against a granted permission, provided that they give evidence of an actual and specific interest.
Last modified 13 Mar 2025
The municipality can ‘call in’ an application for their own determination if, for any reason, the decision is not considered legitimate or convenient (autotutela). A decision can also be the subject of judicial review if it has been made unlawfully. At any rate, unless the declarations in the SCIA request are false, after 12 months the municipality is no longer entitled to annul it by taking self-protection measures.
On the other hand, the applicant whose request was rejected has the right to submit a further request to the municipality in order to obtain a second non-judicial review. The applicant is entitled to participate in the administrative proceeding by submitting documents and notes to the municipality. In case the municipality refuses to release the building title, the applicant may file a petition before the competent Regional Administrative Tribunal.
Last modified 13 Mar 2025
This depends on the subject matter of the application. If the designated use is permitted in the zoning plan, the building permit must be expressly issued by the municipality within 90 days from the application, while the certified works commencement notice (s.c. SCIA) becomes valid immediately following submission, subject to the municipality’s power, within 30 days of submission, to stop the works or to request that they be modified or later (in certain exceptional cases).
In normal circumstances, it is not possible to change the designated use of a building, unless the new designation is deemed compatible with the planning provisions for a certain area. Doing so would require a complex procedure of variation of the town planning scheme, which could take several months to complete and would be subject to the approval of the municipality. On the other hand, if the designated use is deemed compatible, normally no express authorization is necessary, and it will be possible to simply communicate the change to the competent authorities, although additional urbanization fees may need to be paid.
Last modified 13 Mar 2025
There is a right of appeal against a relevant authority’s, usually the municipality’s decision to refuse planning permission. The appeal is filed with a petition to the Regional Administrative Tribunal in order to set aside the order issued by the municipality. The unfavourable ruling of the Administrative Tribunal can be appealed before the Council of State, which is the supreme court for administrative matters. In general, third parties that are affected by the application or permission – under certain conditions – also have a right to appeal.
Last modified 13 Mar 2025
Yes, some forms of development will require the developer to enter into an agreement under which it agrees to perform certain activities or take on certain obligations or make specified payments to, for example, mitigate the effects of the development.
Last modified 13 Mar 2025
According to the current legislation, works authorized by a building permit must be completed within three years from their commencement, save for an extension of said term by law or the competent authority. After this period, generally, the building permit expires for the portion of the intervention not yet completed. A longer period may be allowed at the discretion of the local planning authority.
Last modified 13 Mar 2025
The municipalities are entitled to issue specific measures in order to prosecute breaches of building and town planning regulations, which vary from a simple fine to an order for the demolition of the unauthorized works. In the case of a work commencement notice, the municipality can also issue a warning within 30 days from the submission of the application, in order to prohibit the commencement of the works. Where a certified work commencement notice has been submitted, the municipality can prohibit the continuation of the works in the 30-day period following the submission of the notice or, should the activity pose a risk to health, the environment, etc, beyond the expiry of that 30-day period.
Last modified 13 Mar 2025
Which other statutory permit regimes must be considered in relation to planning/zoning and development?
This depends on the nature of the development and the possible easements, encumbrances and other restrictions affecting the area, therefore, it can only be determined on case-by-case basis but may require various kinds of licences, authorizations, opinions and/or permits. However, as many areas in Italy are subject to specific environmental, landscape or monumental restraints, the release of a building title might require a specific authorization by the local branch of the Ministry of Culture, which may limit the development of a project in said areas or include specific prescriptions and conditions to be fulfilled in connection with the intervention.
Last modified 13 Mar 2025