Classification downgraded to regular maintenance and partially exempted from landscape licenses, but there’s always Presidential Decree 380/01 around the corner
Recently, the legislature has become bloated about regulations that have an urban and building impact, and this time it is the turn of solar panel regulation, possibly due to the increase in energy costs.
At the suggestion of my colleague Alessandro Schiffer, an engineer, I found the text of the new Decree-Law No. 17/2022, published in the Official Gazette on March 1, 2022 (and already in force); Article 9 supersedes the previous version of paragraph 5 of the Article. 7 bis of the legislative decree 28/2011.
categorical goal: Simplify the installation of photovoltaic and thermal solar panels if they are placed on existing buildings and antiques. Those that will be placed on the ground are excluded, as can be easily deduced Standard text Perhaps to reconcile the goal of containing land consumption.
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In particular, it is important to highlight these conditions and specifications:
- There is no quantitative term in terms of maximum strength or surface;
- It must be installed in buildings in any way (So on sloping or flat roofs, or facades and balconies, it looks like this); The definition of the building refers to Standard Building Regulations, Item No. 32 Appendix A;
- On structures and artifacts located above the ground other than those described in the previous point: I’m not entirely clear what is meant by “structures”, the first thing that comes to mind are building structures in the broad sense, that is, those that have a stable or anti-seismic function.
- The relative works of connection to the electricity network can be carried out both in buildings, structures and artifacts as well as in relative accessories;
- The intervention is considered normal maintenance and therefore falls within the free premises (not expressly referred to in Article 6 Presidential Decree 380/01and I think he wanted to point it out);
- Except for obtaining permits, licenses, or instruments of consent, whatever they may be called: We are talking about hydrogeological constraints, park bodies, and even for some provided by the Cultural Heritage and Landscape Act. Legislative Decree 42/2004; For the latter category, it is defined by a mechanism of “double exclusion” which, in a reductive manner, does not allow for simplifications towards buildings with direct links, cultural interest or significant public interest. It is advisable to consult a technician to verify the exact nature of the restriction Legislative Decree 42/2004.
- There are no other geographical exceptions o Arabization (example: homogeneous areas a which are historical centres, which are instead excluded in Item No. 42 Free Buildings Glossary).
Opinion: Would it not have been better to amend the Uniform Building Code DPR 380/01?
This DL 17/2022 rule overlaps and joins with other similar rules already in place, in order to liberalize the installation of solar panels on buildings:
Now sufficient attention should be paid to the harmonized application and reading of these two rules with art. Legislative Decree 7-bis 28/2011 amended by Legislative Decree 17/2022, because when there are different rules governing the same subject in a different way, sparks occur.
Or should we consider those pre-existing repeal provisions to be tacitly repealed, as indicated in the Preface to the Civil Code?
Ah, I forgot: it does not seem to me that the new provision of Legislative Decree 17/2022 in any way override any prohibitions stipulated by local and regulatory standards, so it is always advisable to check the PRG, ie monolithic areas A and deformed buildings can retain restrictions.
building definition, Item No. 32 Annex A Building Regulations Type:
Stable construction, equipped with a roof and in no case stable or fixed to the ground, isolated from roads or free areas, or separated from other buildings by vertical structures that rise smoothly from foundation to roof, functionally independent, accessible to people and intended to meet long-term needs .
Article 9 Simplification for the installation of renewable energy systems
1. In Article 7 bis of the legislative decree of 3 March 2011, n. 28, paragraph 5 reads:
“5. Without prejudice to the provisions of the Excise Tax on Electricity, the installation, in any form, of solar PV and thermal systems on buildings, as specified in Clause 32 of Annex A of the Regulations on Building Standards, approved by agreement ratified at the Conference Consolidated October 20, 2016, N. 125 / CU, or on structures and artifacts located above ground other than buildings and the creation of functional works for connection to the electrical network in the above buildings or structures and artifacts, as well as on related accessories, are considered an ordinary maintenance intervention and are not subject to the acquisition of permits or permits or administrative approval procedures, regardless of their designation, including those provided for by Legislative Decree January 22, 2004, N. 42, with the exception of plants located within the areas or premises referred to in Article 136, paragraph 1, letters b) and c), from the Law on Cultural Heritage and Landscapes referred to in the Legislative Decree of January 22, 2004, n. 42 specified under Articles 138 to 141 of the same law, and in a manner that does not conflict with the provisions of Articles 21 and 157 of the Law.
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