REAL ESTATE | Law on simplification measures concerning building permits for properties subject to constraints enacted

Following the enactment of Law No. 182 of 2 December 2025, entitled “Provisions for the simplification and digitalization of procedures relating to economic activities and services in favor of citizens and undertakings,” several amendments have been introduced, including in the field of town-planning and building regulation. Article 40 of the aforesaid Law partially amends Article 20 of Presidential Decree No. 380 of 6 June 2001 (Consolidated Building Act), which sets out the rules governing the issuance of Building permits. The amendment establishes that, where the property forming the subject matter of an application for a building permit is affected by hydrogeological, environmental, landscape, or cultural constraints, the convening of a decisory Conference of Services (conferenza di servizi decisoria) is not required in the event that tacit approval (silenzio-assenso) has accrued on the building-permit application.

This provision has a limited scope of application, as it applies only where, in relation to the same works, the relevant formal authorizations, clearances or other acts of assent required under applicable law have already been obtained, are still valid, and were issued by the competent authority on the basis of the design documents submitted with the building-permit application.

Newsletter n. 113 – December 2025