Institutional portal - Municipality of Milan

Recalling Legislative Decree 3 March 2011 n. 28, on the promotion of the use of energy from renewable sources, the Lombardy Region published its Guidelines on 27 April 2012 with Resolution G.R.L. 18 April 2012 n° IX/3298 to authorize plants for the production of energy from renewable sources.

The plants for the production of electricity from Renewable Energy Sources (RES) are wind plants, solar photovoltaic plants, biomass plants, landfill gas plants or residual gas from purification and biogas processes, hydroelectric plants.

Current legislation provides that the construction and operation of electricity production systems powered by renewable sources, modification, enhancement, total or partial reconstruction and reactivation of the same can be achieved through the following procedures:

• single electric model pursuant to art. 2 Ministerial Decree 19/05/2015       
• the communication of the start of work for free construction activities pursuant to art. 6.1 lit. a) of the Presidential Decree 380/2001 (under the jurisdiction of the Municipality)
• the Simplified Qualification Procedure pursuant to art. 6 Legislative Decree 28/2011 (under the jurisdiction of the Municipality)
• the Single Authorization Procedure pursuant to art. 12.3 Legislative Decree 29 December 2003 n. 387 (under the jurisdiction of the Province)

Following the entry into force of the Ministerial Decree 19.05.2015 for the construction, connection and operation of photovoltaic systems having all the following characteristics:

1.  made at end customers already equipped with active low voltage withdrawal points;
2.  having power not exceeding that already available for withdrawal;
3.  having a nominal power not exceeding 20 kW;
4.  for whom access to the on-site exchange regime is simultaneously requested;
5.  carried out on the roofs of buildings in the manner referred to in Article 7-bis, paragraph 5, of Legislative Decree no. 28 of 2011;
6. absence of further production plants on the same withdrawal point, the single electrical model is used and forwarded directly via computer to the network manager (check information on the portals of the electricity network managers).

Since 10.12.2012, following the publication on BURL n° 50 of Decree n° 10545, the computerized procedure has been approved, throughout the Lombardy Region, for the presentation of the Communication of commencement of works for free construction activities (CIAL) and for the submission of the Simplified Qualifying Procedure (PAS) application provided for in point 3 of Annex 1 of the D.G.R. 3298/2012 and entry into force of the FERCEL and FERPAS procedures for the issuing of qualifications for the construction, installation and operation of electricity production plants powered by renewable sources referred to in points 1.1, 3.2 and 3.4 of Annex 1 of the D.G.R. 3298/2012.

Therefore, for the presentation of these procedures you will have to access directly on the MUTA regional platform.

Once the FERCEL or FERPAS file has been received by the Municipality of Milan, the system will send an e-mail with which the person responsible for the procedure will communicate the assigned protocol number and if all the necessary attachments are merged it will communicate in the case of FERCEL the possibility of begin construction and in the case of FERPAS it will communicate that after 30 (thirty) days from that date, without the Municipality giving a reasoned order not to carry out the planned intervention or requesting the submission of additions, the construction of the system is absent.

It is underlined that for the presentation of the FERPAS, preliminary costs are foreseen which are equal to 0,03% of the amount of the investment for the construction of the plant and the related system for connection to the electricity transmission/distribution network .

Payment of these charges can be made by bank transfer made out to MUNICIPALITY OF MILAN.
BANK COORDINATES MUNICIPALITY OF MILAN TREASURY
ABI code: 03069
CAB code 01783 
Current Account Number 100000300001
BANCA INTESA SAN PAOLO SPA
IBAN IT 1 5 V 0 3 0 6 9 0 1 7 8 3 1 0 0 0 0 0 3 0 0 0 0 1 
SWIFT BCITIT 3 3 1 0 0 

It is necessary to always indicate the reason (INSTRUCTOR CHARGES FOR THE CONSTRUCTION of the system ...... in the property in Via/Piazza/Corso ....) of the bank transfer to be made by the PAS applicant.

The implementation of the intervention covered by P.A.S. must be completed within three years of its completion; the implementation of the unfinished part of the intervention is subject to a new declaration.
The interested party is in any case required to communicate to the Municipality the date of completion of the works. Once the intervention is completed, the designer or a qualified technician issues a final testing certificate which must be sent to the Municipality, which certifies the conformity of the work to the project presented with the PAS, as well as receipt of the presentation of the cadastral variation consequent to the works carried out or declaration that they have not led to changes in the cadastral classification.

However, if the intervention is carried out with FERCEL, the Municipality is not owed any communication of the completion of the works, without prejudice to the obligation, if necessary, to communicate the cadastral change to the land registry.

Pursuant to current legislation, the procedure for FERCEL alone provides that it can also be presented during execution (late) or after execution and in this case the bank transfer of the financial penalty must also be attached electronically.

Please remember that in the bank transfer it is always necessary to indicate the reason (fine for late FERCEL or fine for amnesty FERCEL) and it must be made out to the Municipality of Milan with the BANK DETAILS listed above in full.
This sanction is established at €333,00 in the case of late FERCEL and at €1.000,00 in the case of FERCEL with amnesty.

Please note that if the required attachments to the FERCEL are not produced, the FERCEL will have to be resubmitted.
It is specified that the declaration in lieu of affidavit pursuant to art. 47 Presidential Decree 445/2000, relating to the ownership/usufructuary, must contain the useful data (registered office number A ... on ..., or construction license No. ... on ... ) for any official verification.