The building permit is an authorization issued by the Municipality of reference and necessary to perform interventions of urban and building transformation.
The list of works subject to building permit is contained in Article 10 of the Consolidated Building Law. In particular, these are:
– works for new construction;
– works for urban renovation;
-works for building renovation that lead to a building body wholly or partly different from the previous one, in cases where they also involve changes in the overall volume or outline of buildings
To obtain a building permit, you must first submit an application to the Building Single Desk of the municipality where the property is located.
The building permit is irrevocable and onerous and does not entail any limitation of third parties’ rights.
Unless special rules provide otherwise, the public administration must respond to citizens’ requests within 30 days. A building permit is issued within 90 days for municipalities with less than 100,000 inhabitants and 180 days for larger municipalities. Within 30 days the technical office may request additional documentation (in which case the deadline is suspended).
No later than the expiry of the aforementioned time limit, the technical office must tell the citizen whether his application for a building permit is considered granted or rejected.
If within 90 or 180 days of building permit filing, the technical office of the municipality does not respond, the rule of tacit approval applies: in other words, the tacit approval has the value of acceptance, without the need for further requests or notices.
In order for the tacit approval to be legitimately formed, it is necessary that the application for a building permit is complete in all its elements (including the attached) and that the building contribution required by the municipality has been paid.
It should be noted that if there are hydrogeological, environmental, landscape or cultural restrictions, the tacit approval of a building permit is not possible.
The deadlines for the start and completion of works by which the building permit takes effect are indicated in the same permit. In any case, article 15 of the Consolidated Building Law specifies that the deadline for starting the works cannot be more than one year from the issuing of the permit, while the deadline for completing the works cannot be more than three years from the start.
Once the period of validity of the permit has expired, the permit lapses by law for the part not executed.
To avoid forfeiture, the applicant must apply for an extension before the expiry date, which is granted with stated reasons in specific cases.