Guidelines for Environmental Regulations and Obligations

On December 31, 2023, in Italy, there were 1,594,974 photovoltaic installations connected, with a total capacity of 30.28 GW, of which 28% (8.56 GW) were in the residential sector (with installations up to 20 kW), 50% in the commercial and industrial (C&I) sector (with capacities ranging from 20 kW to 1 MW), and the remaining 22% in the utility-scale sector (with capacities exceeding 1 MW).

 

 

The development of the sector has also been contributed by the legislator, who in recent years, through successive measures (see Simplification Decree, Energy Decree, and PNRR1,2,3 Decree), has increasingly liberalized authorizations for the installation of photovoltaic systems.

One objective of the legislator has undoubtedly been to facilitate the installation of renewable energy-powered systems to try to limit dependence on fossil fuels by diversifying the sources of supply.

The Italian regulatory framework is known for its breadth and complexity; unfortunately, the photovoltaic sector is no exception, with the same topics addressed in different laws.

 

We’ll clear things up a bit.

One of the primary framework regulations is Legislative Decree 28/2011, amended several times, on the promotion of the use of energy from renewable sources.

 

 

Article 4 of this legislative decree provides, for photovoltaic installations carried out in suitable areas, the authorisation procedure of DILA for installations with a power up to 1 MW, of PAS for installations with a power up to 12 MW, and the single authorization for installations with higher power.

Legislative simplifications, for instance, have introduced Article 7bis which states that the installation of solar and thermal systems on buildings or on above-ground structures and facilities other than buildings, even in “A” areas – historic centers, are considered routine maintenance interventions that do not require obtaining permits.

 

 

Exception is made for properties on which a specific constraint by the Superintendent of Fine Arts is placed.

No to photovoltaic authorizations in industrial, artisanal, and commercial areas.

 

 

The conversion law of Decree PNRR 3 has established additional conditions under which authorizations for photovoltaic installations are not required because the interventions are considered ordinary maintenance.

These conditions include the installation of ground-mounted photovoltaic systems in:

> Industrial, artisanal, and commercial areas;

> Landfills;

> Quarries not susceptible to further exploitation.

Even in these cases, the only veto can be imposed by the Superintendent for any incompatibility with existing landscape constraints.

This paragraph has been inserted as article 22 bis as an amendment to Legislative Decree 199/21 on the implementation of EU Directive 2001/2018 on the promotion of the use of energy from renewable sources.

No to photovoltaic authorizations in agricultural areas under certain conditions.

 

 

Outside of protected areas, or areas belonging to the Natura 2000 Network, the installation of photovoltaic systems in agricultural areas will be permitted under the following conditions:

> Panels must be installed above the crops, at least 2 meters above the ground.
> Panels must not be supported by concrete foundations or be difficult to remove.
> The intervention must be carried out in a way that ensures integration with agricultural activities, serving as support for plants or for systems of parcelized irrigation, and as protection or shading for the underlying crops.

If these conditions are met, the installations will be considered instrumental structures to agricultural activity and will not require permits.

This is the new paragraph 1 bis added to Article [XX] of Law DL.17/22 converted by Law 34/22 on urgent measures for containing electricity costs and promoting renewable energies.

Referring to the conditions mentioned, Tar Campania’s judgment 73/2024 concerns installations in restricted areas.

 

 

The interest in landscape protection may appear to conflict with the installation of green energy photovoltaic systems.

In this context, the ruling No. 73/2024 of the Regional Administrative Court of Campania annuls the refusal by the Superintendency to the installation of photovoltaic panels on the relevant area of a single-family property located in a historic center, namely in a protected area.

 

 

The Campania Regional Administrative Court (TAR) has explained that: “According to article 7-bis, paragraph 5, of Legislative Decree 28/2011, the installation of solar and thermal systems on buildings or on above-ground structures and constructions other than buildings, even in A zones – historic centers, is considered ordinary maintenance interventions and does not require the acquisition of permits.”

Exceptions are made, according to article 136, paragraph 1, letters b) and c) of the Code of Cultural Heritage and Landscape (Legislative Decree 42/2004), for systems installed in properties subject to specific constraints such as villas, gardens, parks of exceptional beauty, complexes of buildings with aesthetic and traditional value, and of public interest.

In these cases, authorization from the Superintendence is still required for the installation of systems.

However, according to the latest legislative provisions (PNRR 3), landscape authorization must be issued within 45 days, after which tacit consent will be considered.

The TAR has further added that: “According to established jurisprudential orientation, landscape incompatibility does not automatically occur if photovoltaic panels are visible.”

According to the judges, the interests in landscape protection and the promotion of renewable energy sources to mitigate pollution are of equal importance.

It is therefore necessary to analyze each situation individually to determine which of the two interests should prevail.

 

 

It is in fact a historic ruling in which the interest in landscape protection is balanced with that of the spread of renewable energies.

The modification of the coverage, in fact, is no longer perceived as a factor of visual disturbance, but as an evolution of the constructive style, provided that the overall external arrangement of the area is not modified.

Administrative justice believes that installation should only be prohibited in areas deemed unsuitable by the Regions and that photovoltaic panels are normal elements of the landscape.

Our advice, even though it often falls within free building activities, is to be followed by competent companies and technicians such as Inveco Holding Spa, who will be able to guide the client towards the best technical, economic, and also regulatory solution.

The in-depth analysis was carried out by Matteo Pierotti, Project Manager of Inveco Holding Spa.