20 Gen Photovoltaic installation in free construction
Photovoltaic installation in free construction
PERGOSOLAR: INNOVATIVE SOLUTIONS FOR FREE BUILDING AND PHOTOVOLTAIC ENERGY
Regulatory Framework and Basic Principles
The structures proposed by PERGOSOLAR ® – pergolas and carports with photovoltaic panels – fit into the free building regime thanks to the references of the Legislative Decree No. 222/2016 , accompanied by the Free Building Glossary (DM March 2, 2018)., which allows the construction of works without closed volumetry, open on at least three sides and equipped with permeable roofing. The integration of photovoltaic panels is also promoted as an energy efficiency intervention, which is often subject to simplified or even unnecessary permitting processes in the absence of specific constraints (landscape or particular local regulations).
Judgments and Case Law Guidelines (From the Most Recent to the Most Dated)
- Council of State, Sec. VI, Judgment No. 131/2023
o Level: National
o Summary: Reiterated that a photovoltaic carport with no enclosed volumes, although anchored to the ground, does not require a building permit. Its modular nature and energy purpose confirm its inclusion in free construction.
- Veneto Regional Administrative Court, Judgment No. 612/2023 (Northern Italy)
o Relevance: Confirms the need to keep panels spaced (usually 5 cm) to preserve the permeability of the roof. A roof that is not fully adhered does not qualify as a closed canopy, exempting the work from the building permit requirement.
- TAR Lazio, Judgment No. 489/2023 (Central Italy)
o Topic: Installation of solar panels on existing pergola.
o Outcome: The structure does not alter urban planning, being configured as a light maintenance intervention. No complex permit is required if it remains open on the sides and does not create additional volume.
- TAR Emilia-Romagna, Judgment No. 352/2023 (Northern Italy)
o Subject: Open and “precarious” photovoltaic carport.
o Decision: anchoring to the ground is not enough to qualify the work as new construction; the light and removable nature ascribes it to free construction.
5. Tuscany Regional Administrative Court, Judgment No. 881/2023 (Central Italy)
o Case: Photovoltaic pergola with retractable side screens.
o Conclusion: There is no closed volumetry, so the work is legitimately considered to fall under free interventions, especially if it is aimed at energy production.
- TAR Marche, Judgment No. 465/2023 (Central Italy)
o Focus: Photovoltaic arbor in landscape-restricted area. o Outcome: Confirms that any request for SCIA or CILA pertains to landscape constraints, not a change in the classification of the work. The structure remains light and open.
- Council of State, Judgment No. 3872/2022
o Level: National
o Principle: Photovoltaic canopies, without significant volume and with an energy purpose, do not fall under the requirement of a building permit.
- Lombardy Regional Administrative Court, Judgment No. 542/2021 (Northern Italy)
o Content: Photovoltaic canopy without side closures.
o Assessment: It does not alter town planning, so it is not subject to permit.
9. Council of State, Judgment No. 3393/2021
o Key element: It equated the lightweight, demountable “pergotenda” with a free building intervention, consolidating the favorable line for photovoltaic structures with similar characteristics.
10.TAR Campania, Judgment No. 2736/2020 (Southern Italy)
o Principle: If the pillars and roof are permanent, a building permit is required. Solutions. PERGOSOLAR ®, designed with modular materials, avoid the framing of “stable construction.”
11.TAR Sicily, Judgment No. 851/2020 (Southern Italy)
Acknowledgment: A pergola open on four sides, even if equipped with solar panels, does not generate volume. In the absence of new enclosed spaces, no building permit is needed.
12.Council of State, Judgment No. 5008/2018
o Concept: Light, non-fixed roofing that is open on the sides is considered free building work. The permit requirement comes into play only when the roof becomes permanent and enclosed.
Features of Solutions PERGOSOLAR ®
- Recyclable Materials with CE Marking
o Aluminum or galvanized steel structures, guaranteed by CE marking for strength and safety. The metal is highly recyclable and reduces environmental impact. 2. Permeable Roofing and Panel Spacing
o PV panels are placed with a gap of 1-5 cm, according to local requirements. This allows air and water to pass through, excluding the closing effect and complying with case law guidelines.
- Certifications of Electrical Installations
o All integrated photovoltaic systems meet CEI standards, ensuring a compliant, safe and durable electrical system.
- Extended Warranties
o Paintwork guaranteed for 10 years against wear and tear and weathering. o Battery and inverter packs covered 15 years, unique in the industry, protecting the investment over the medium to long term.
- Qualified and Trained Personnel
o All employees work safely, in line with current regulations (Legislative Decree 81/2008), ensuring professionalism and competence at every stage of installation and service.
Benefits for Installation
∙ Simplified Authorization Process
The works, under the free building regime, do not normally require building permits. Any SCIA/CILAs only concern specific cases (landscape constraints or special municipal regulations).
∙ Energy Efficiency
The integration of photovoltaic panels transforms pergolas and carports into renewable energy sources, with economic and environmental benefits.
∙ Respect for the Environment and Landscape
Open and lightweight structures integrate harmoniously into urban and rural settings, reducing visual impact and meeting landscape protection requirements. ∙ Modularity and Design
Dimensions and finishes are adaptable to specific aesthetic and functional requirements, meeting local urban planning constraints.
Operational Conclusion
The analysis of the rulings-from the most recent (2023) to those already consolidated in previous years-demonstrates a unanimous position in classifying pergolas and photovoltaic carports as free building interventions, provided they remain open on the sides and with a roof that cannot be assimilated to a closed structure. The national and regional regulatory framework favors the implementation of renewable installations to improve energy efficiency, incentivizing solutions such as those offered by PERGOSOLAR ®, which combine technology, material quality and certified safety.
PERGOSOLAR®: Reliability and Innovation at Your Service
Choosing Pergosolar means relying on a secure partner, committed to providing up-to-date information and concrete solutions in the world of free building and photovoltaic energy. We are at your side to support you with expertise and professionalism, ensuring you useful tools to make informed decisions and implement your projects.
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