Renewable energy regulation in Italy: streamlining through three authorization regimes and benefits for market operators

Curated by Atty. Daniele Bracci, JD Andrea Campiotti

The renewable energy sector is highly complex, prompting numerous interventions by the national lawmaker aimed at simplifying the regulatory framework in terms of regulation, organization, and procedures. This has, however, led to a layered and fragmented regulatory landscape, further complicated by the copious EU renewable energy framework, which requires continuous adaptation by national lawmakers.

In this context, Legislative Decree No. 190/2024 (Testo Unico in materia di energie rinnovabili) represents an important response by the Italian lawmaker to the excessive fragmentation of the regulatory framework governing renewable energy, which is the main obstacle to the development of energy installations and, consequently, a deterrent to investment by market operators.

The legislation sets out the administrative procedures governing the authorization and construction of renewable energy generation facilities, together with the development of ancillary works and infrastructure necessary for their operation.

The objective of the this legislation is to ensure, in accordance with the EU regulatory framework, the maximum diffusion of renewable energy through the rationalization, reorganization, and simplification of authorization procedures. In accordance with this ambitious objective, the legislation provides for the repeal, as of 30 December 2024, of all provisions that are incompatible therewith.

However, the most significant innovation introduced by this legislation lies in the fact that, unlike the previous framework, it establishes only three administrative regimes governing the construction of renewable energy generation facilities:

• permit-free activity (Edilizia libera);
• simplified authorization procedure (Procedura abilitativa semplificata, PAS);
• single authorization (Autorizzazione Unica, AU).

Moreover, recognizing the strategic importance of the renewable energy sector, the legislation classifies interventions relating to the construction of renewable energy generation facilities as being “of public utility, urgent, and of overriding public interest”.

The “minimum complexity” projects falling within the permit-free activity regime (Edilizia libera) do not require prior administrative authorization for either the construction or the operation of the relevant facilities.

Nevertheless, such facilities may not be located in areas subject to restrictions pursuant to Legislative Decree No. 42/2004 (Codice dei Beni Culturali e del Paesaggio), nor within protected natural areas forming part of the Rete Natura 2000 sites, and must not interfere with other public works or works of overriding public interest.

Where the project affects a protected landscape asset, however, prior authorization must be obtained from the competent authority (Soprintendenza), which is required to issue a binding opinion within 30 days of the submission of the relevant application.

 

As regards projects of “medium complexity”, the legislation provides for a simplified authorization procedure (Procedura Abilitativa Semplificata). Under this regime, the project proponent is required to submit an application to the municipality, accompanied by the prescribed documentation. Should the local authority fail to issue a reasoned refusal within 30 days from the filing of the application, the authorization is deemed to have been granted by operation of law. It should be noted, however, that the authorization automatically lapses if construction is not commenced within one year from the date on which it becomes effective, or if the works are not completed within three years from their commencement.

 

“More complex projects” are subject to a single authorization procedure (Autorizzazione Unica). In this case, the project proponent must submit an application for authorization to construct the facility to either the Region or the Ministry (Ministero dell’Ambiente e della Sicurezza Energetica), depending on the installed capacity of the facilities. 

The single authorization procedure entails the convening of a special services conference (conferenza di servizi), in which all administrations required to issue opinions or assessments on the proposed project participate. At the conclusion of the services conference (which may last no longer than 120 days) the competent authority adopts a reasoned decision constituting the single authorization measure. This decision encompasses all requisite consents, approvals, and opinions of the participating administrations and, where necessary, also provides for amendments to the applicable municipal urban plan. 

For projects subject to environmental impact assessment (Valutazione di Impatto Ambientale, VIA) falling within regional competence, the Regions retain the option of authorizing the project through the single regional authorization procedure (Provvedimento Autorizzatorio Unico Regionale, PAUR) provided for by Legislative Decree No. 152/2006 (Codice dell’ambiente).

 

Overall, the legislation on renewable energy represents a significant step towards the simplification and rationalization of authorization procedures in Italy, consolidating all relevant rules within a single regulatory framework and providing for only three administrative regimes for the construction of energy generation facilities. This streamlining clearly benefits market operators, who now face a more coherent and predictable regulatory environment. It should be noted,

however, that the practical effectiveness of the measures introduced by the renewable energy laws will also depend on the capacity of local authorities to promptly adjust their administrative structures and timelines to the new, expedited authorization procedures.