Insights

Real estate news: the Simplification Bill and the Building and Construction Code Bill

2025 Simplification Bill: Administrative Procedures Streamlined

Introduction

On 26 November, Parliament definitively approved the “Simplifications 2025” bill, which became law upon its publication in the Official Gazette (Law No. 182 of 2 December 2025). The Bill introduces a set of cross-sector simplification measures of relevance to the real estate sector, covering the following areas.

The law will enter into force on 18 December.

Administrative Self-Revocation

The time limit within which the public administration may revoke, on its own initiative, an illegitimate administrative measure in the public interest, is reduced from 12 months to 6 months.

Building Permits for Protected Properties

The tacit approval procedure is now also applicable to properties subject to hydrogeological, environmental, landscape or cultural protection constraints, provided that the relevant authorizations, clearances or other mandatory approvals required under the applicable protection legislation have already been obtained and are valid.

Parking Areas for Hotel Facilities

Hotel facilities may be granted, on a temporary basis, the use of portions of public road land for parking purposes and for the loading and unloading of luggage, in compliance with the provisions of the Highway Code governing occupation of public roadways.

Workers in the Tourism and Hospitality Sector

Urban planning or building refurbishment works, as well as demolition and reconstruction works, commenced by 31 December 2026 by beneficiaries of public funding allocated to the creation, redevelopment and upgrading of subsidized housing for workers in the tourism and hospitality sector, shall continue to be governed by Article 10 (7-ter) of Decree-Law No. 76/2020 (i.e. SCIA and the possibility of increasing existing gross floor area or volume by up to 20%, in compliance with Ministerial Decree No. 1444/1968). In addition:

  • such properties shall be subject to a ten-year use restriction;
  • the related change of use, where functional to these purposes, shall be governed by Article 23-ter of Presidential Decree No. 380/2001 and shall therefore always be permitted (subject to the conditions set out in municipal planning instruments), without requiring additional areas for public services or compliance with the minimum parking standards set out in Law No. 1150/1942.

Subject to the limits established under regional legislation, where applicable, the payment of contributions required for secondary urbanization charges shall remain due;
in any event, beneficiaries must enter into agreements with parking facility operators in order to mitigate the increased urban load;
the provisions of the Cultural Heritage and Landscape Code (Legislative Decree No. 42/2004) shall remain fully applicable.

A link to the full text of the law is provided below: Gazzetta Ufficiale

Bill on the Building and Construction Code

Introduction

On 4 December, the Council of Ministers approved the draft bill providing for the “delegation to the Government for the adoption of the Building and Construction Code” (the “Bill”).

The Bill grants the Government the authority to adopt one or more legislative decrees for the comprehensive reform of building regulation, aimed at reorganizing the legal framework currently set out in Presidential Decree No. 380/2001 (Consolidated Building Act), Law No. 1086/1971 and Law No. 64/1974.

The Bill must be approved by Parliament and, once the enabling law enters into force, the Government will have twelve months to adopt the relevant legislative decrees.

Principles and Guidelines for the Reform

In adopting the legislative decrees, the Government shall comply with the following principles and guidelines:

  • simplification and systematic reorganization of building legislation and technical construction rules within a single regulatory text;
  • identification, within the legislative decrees, of those building provisions adopted pursuant to the exclusive legislative powers of the State (Article 117(2) of the Constitution) and those adopted under the concurrent legislative powers of the State and the Regions (Article 117(3) of the Constitution), in order to avoid overlaps and inconsistencies between national and regional legislation;
  • identification of essential levels of performance in the building sector, as minimum mandatory requirements applicable nationwide (e.g. minimum building standards for construction in areas lacking a general or implementation planning instrument);
  • simplification and reorganization of the rules governing the lawful status of properties, through the precise definition of criteria, procedures, permits and documents required to prove such status;
  • simplification and revision of categories of building works, in order to clarify the types of construction activities included in each category and their respective administrative regimes (free building activity, CILA, SCIA, building permit, derogation building permit, etc.);
  • simplification and digitalization of building procedures, including to promote coordination mechanisms among different administrations and to reduce formal requirements and burdens for private parties;
  • revision of the rules governing building irregularities and tolerances, with a view to defining a uniform national classification of irregularities, as well as revising amnesty procedures and sanctioning regimes;
  • simplification and reorganization of the rules governing changes of use, enhancing the principle of functional neutrality and distinguishing between changes of use with or without building works;
  • simplification and reorganization of the rules on certificate of use and occupancy;
  • redefinition of the criteria and methods for determining the financial charges applicable to building works, including extraordinary contributions;
  • reorganization and simplification of the provisions governing the supervisory and inspection powers over urban planning and building activities;
  • revision of the rules governing building activity, identifying measures aimed at promoting the redevelopment of existing building stock, urban regeneration, energy efficiency, seismic safety, hydrogeological risk protection, land consumption containment and the reduction of greenhouse gas emissions;
  • revision of the rules governing construction works, with specific regard to structural resistance, stability, sustainability and accessibility.