REAL ESTATE | Extraordinary extension of terms for building permits, certified declaration of commencement of activities (SCIA), town planning agreements

On 27 December 2024, Law Decree No. 202/2024 (“Milleproroghe”) was published in the Official Gazette of the Italian Republic. The decree, which came into effect on 28 December 2024, increased from 30 to 36 months the extraordinary extension of deadlines for building permits, SCIAs and town planning agreements already provided by Article 10-septies of Decree Law No. 21/2022.

Building Permits – The deadlines for the commencement and completion of construction work of building permits issued up to 31 December 2024, including those that have benefited from previous extensions under Article 15.2 of Presidential Decree 380/2001, Article 10.4 of Decree Law 76/2020 ( “decreto semplificazioni”) and Article 103.3 of Decree Law 18/2020 (“decreto cura Italia”), are extended by thirty-six months. The extension is not automatic, and it is necessary to notify the municipality of the intention to take advantage of it. A condition for benefiting from the extension is that the deadlines for the commencement and/or completion of the works must not have already expired at the time of notifying the municipality and the permit must not conflict with new approved town planning regulations and plans or measures for the protection of cultural heritage or landscape.

Town planning agreements – The following are also extended by thirty-six months: (a) the term of validity of town planning agreements formed up to 31 December 2024, provided that the agreement is effective on the date of entry into force of the law; (b) the terms of commencement and completion of works under such agreements; and (c) the terms of the town implementation plans and any other preparatory act. The extension is automatic, as the law does not require the municipality to be notified, and the agreements subject to extension must not conflict with any plans or measures for the protection of cultural heritage or landscape. The extension also applies to the terms of town planning agreements that have already benefited from the extraordinary three-year extensions provided by Article 30.3-bis of Decree Law 69/2013 (“decreto del fare”) and Article 10.4-bis of Decree Law 76/2020 (“decreto semplificazioni”).

Newsletter n. 103 – January 2025