Building Permit. Is it important to have it?

Building permit

A building permit is an administrative authorization issued by the Municipality where one wants to build, necessary to carry out any major urban modifications and construction works.
Interventions requiring building permits are detailed under Article 10 of the Consolidated Building Law (Presidential Decree No. 380 dated June 6, 2001) and precisely:

  • new construction interventions
  • urban restructuring interventions
  • building renovations resulting in a building which is entirely or partially different from the original one, involving changes in the faade and overall volume of same or, in the case of buildings included in the homogeneous areas A, changes in the destination of use and interventions
  • involving changes in the form of properties subject to restrictions. In any case, the Regions are given the right to establish under their own law any changes in the use of buildings or parts of them actually subject to building permits or certified notice of commencement of construction works. They may identify in the same way further interventions subject to a permit issue, taking into account the impact of same on the territory and on the demand for infrastructure services.

A building permit can be requested (i) through a submission of a specific application or (ii) through a certified e-mail with a digital signature to the protocol office of the relative municipality or (iii) personal presentation at the Front Office of the Building Information Services. Upon request, it is necessary to attach an attestation concerning identity, project drawings and any other documents foreseen for the specific intervention; the qualified designer must issue a declaration with which he asserts the conformity of the project to the general plan, to the building regulations in force and to other sector regulations affecting the rules of the building industry (anti-seismic, safety, fireproof, health and hygiene, energy efficiency). The person responsible for its issue is the director or the manager of the one-stop building advisory centre, who provides same in compliance with the laws, regulations and planning instruments. In case of failure to do so, it is possible to contact the holder of the substitutive power appointed by the Region of reference. On the other hand, the owner of the building, or the person with the right to make the request, is entitled to receive the permit, with the clarification that, in any case, same authorization can be transferred together with the property to the successors or assignees of same, not affecting the ownership of the property or other real rights relative to the building realized due to its issue. Finally, the building permit is irrevocable and onerous and does not entail the limitation of any third-party rights. The issue of the building permit, which must take place in accordance with the provisions of planning rules and regulations, building regulations and urban-building regulations, is subject to:

  • the existence of primary urban works, or
  • the forecast on the part of the Municipality to implement same within the next three years, or
  • the commitment of the parties concerned to proceed with their implementation at the same time as carrying out the intervention subject to the permit.

If, on the other hand, the Mayor makes a specific request, the President of the Regional Council may order that the urban and construction transformation interventions, already started, are interrupted if they are such as to compromise the implementation of the planning rules and regulations or, in any case, make it more onerous. To this end, a motivated provision is necessary to notify the party concerned. Studio Marceca can deal with all the stages of the request, asseveration and presentation of the building permit, taking care of every detail, to obtain the best results within reasonable processing times.

Studio Marceca di Pier Paolo Marceca

Milan: Via Lanzone, 31

Cell.: +39 373 765 66 56

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