Insights

Silence equals approval: greater certainty for building procedures

The Senate has approved the bill converting Decree-Law No. 19/2026 (the so-called PNRR Decree-Law) into law, introducing significant measures aimed at simplifying administrative procedures, including amendments to the so-called “silence equals approval” mechanism (silenzio-assenso).

The conversion law seeks to strengthen certainty in the application of this mechanism, with particularly significant implications for building permits that are deemed granted under this mechanism.

The key developments include:

  • the certification of the silence equals approval is issued by the administration automatically and electronically, without the need for a request by the applicant;
  • in procedures that are not yet fully digitalised, such certification must in any case be sent ex officio to the certified email address (PEC) or ordinary address indicated in the application within ten days from the formation of such approval;
  • if such term expires without action, the certification may be replaced by a declaration of the applicant or of a qualified professional;
  • in line with the now settled case law of the Council of State (see our Firm’s news of 13 March 2026), the law clarifies the cases in which such approval does not arise, namely where the application has not been received or lacks the essential elements required to identify the subject matter and grounds of the requested measure.

The text of the conversion law, approved without amendments, is now pending promulgation and subsequent publication in the Official Gazette and is available here.

The Firm remains available for any further clarification.