Free construction activity

Free building activity is regulated by art. 6 of Presidential Decree 380/2001 and represents the administrative regime that can be carried out without presenting any qualification or any communication, without prejudice to the specific provisions of the municipal planning instruments and in any case in compliance with the other sector regulations having building regulations, and, in particular, the regulations anti-seismic, safety, fire-fighting, hygienic-sanitary, those relating to energy efficiency, protection from hydrogeological risk, as well as the provisions contained in the code of cultural heritage and landscape (Legislative Decree 42/2004).

This regime includes:

  • ordinary maintenance interventions which concern the repair, renovation and replacement of building finishes and those necessary to integrate or maintain the efficiency of existing technological systems (ref. art 6, paragraph 1, letter a. - Presidential Decree 380/2001) ;
  • the installation of air-to-air heat pumps with a nominal useful thermal power of less than 12 KW (ref. art. 6, paragraph 1, letter a-bis - Presidential Decree 380/2001);
  • interventions aimed at eliminating architectural barriers that do not involve the construction of external lifts, or structures that alter the shape of the building (ref. art 6, paragraph 1, letter b. - Presidential Decree 380/2001);
  • temporary works for subsoil research activities which have a geognostic nature, with the exception of hydrocarbon exploration activities, and which are carried out in areas outside the built-up center (ref. art 6, paragraph 1, letter c. - Presidential Decree 380/2001 );
  • earth movements strictly pertinent to the exercise of agricultural activity and agro-silvo-pastoral practices, including interventions on agricultural hydraulic systems; (ref. art 6, paragraph 1, letter d. - Presidential Decree 380/2001);
  • seasonal mobile greenhouses, without masonry structures, functional to carrying out agricultural activities (ref. art 6, paragraph 1, letter e. - Presidential Decree 380/2001);
  • the paving and finishing works of external spaces, including parking areas, which are contained within the permeability index, where established by the municipal planning instrument, including the creation of entirely underground and non-accessible cavities, waste collection tanks waters, grave sites (ref. art 6, paragraph 1, letter e. - ter Presidential Decree 380/2001).

Therefore, even where the building project to be carried out does not require any building permit to be presented at the One-Stop Shop for Construction, it is necessary to check with other bodies/offices whether communications or requests must be submitted for the aforementioned regulations.

Updated: 19/04/2023