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Building Regulation in Rome: New Notice on Building Works and Permitting Regimes Published

Introduction

Following a notice by STTI – Studio Amministrativisti, we point out that Notice No. 258012 of 31 December 2025 has been issued by the Municipality of Rome to update Notice No. QI/19137/2012, with the aim of providing a systematic and updated overview of the applicable regulatory framework in light of recent legislative and case-law developments.

Summary of Contents

In particular, the Notice:

  1. incorporates the uniform definitions set out in the Agreement adopted by the Unified Conference No. 125/CU/2016, clarifying—consistently with the most recent case law—that an urban planning appurtenant area must not entail an increase in the urban load, lacks any autonomous market value, and must maintain a functional link with the main building;
  2. adopts as a systematic reference the definitions of building works set out in Article 3 of Presidential Decree No. 380/2001, clarifying—pursuant to paragraph 2 of the same article—the primacy of such definitions over any inconsistent provisions contained in general urban planning instruments and building codes;
  3. considers the recent amendments to Article 23-ter of Presidential Decree No. 380/2001 concerning changes of use;
  4. provides an illustrative list of worksattributable to each building category, in line with specific regional opinions and judicial guidance;
  5. sets out, in schematic form, for each type of building title, the competent Municipal districts and the relevant validity periods.

Focus – Variations to Building Titles

With regard to the regulation of variations, the Notice clarifies that the following are subject to SCIA pursuant to Article 22 of Presidential Decree No. 380/2001:

  1. non-essential variations to building permits, whether submitted during the execution of works or filed upon completion of the works;
  2. variations during execution relating to a SCIA in lieu of a building permit pursuant to Article 23, if they do not qualify as essential variations;
  3. variations during execution relating to a SCIA pursuant to Article 22, regardless of whether or not they entail an essential variation.

This approach differs from the administrative practice adopted by the Municipality of Milan, which—through a restrictive interpretation of Article 22 of Presidential Decree No. 380/2001—tends to exclude the admissibility of variations under Article 22 where the main building title consists of an ordinary SCIA or a SCIA in lieu of a building permit.

Focus – New Construction Works

Finally, in line with the recent case law of the Council of State (Judgment No. 8542/2025) concerning the distinction between building refurbishment and new construction, the Notice classifies as new construction works also those involving demolition followed by reconstruction:

  1. of a single building, with reconstruction into two or more buildings;
  2. of two or more buildings, with reconstruction into a single building.

 

The full text of the Notice is available below for further reference: Circ_Interventi_Procedure_31.12.2025_1.0.pdf

We remain available for any further clarification.

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