Luxury Law – International Law Firm has been receiving a number of enquiries related to the construction of prefabricated houses in Italy. Reason why today we wish to clarifying a few points related to this matter, and which might help you to better understand the Italian legislation on this particular topic.
Firstly our Real Estate lawyers have been asked if we can build a prefabricated house in an agricultural land, and when/if we need to require a building permit.
Do we need a building permit for placing a prefabricated house?Do we need a building permit for placing a prefabricated house?
Generally talking the answer is yes!
Even though the house is designed to run independently, we need to place it regularly and with the due permission, otherwise we risk to receive a so called “Ordinanza di Demolizione” from the Municipality where the house is placed (we will be obliged to remove the house at our costs). There are also administrative and criminal aspects to be taken into consideration, but it is better to talk about those consequences in a different article as the matter looks quite complex and needs more attention and clarification.
What is matter here is to explain the reason why prefabricated houses need a permit.
In particular, we need to focus our attention on the final use of the prefabricated house.
Do both mobile houses and prefabricated houses need a permission to be placed on a land?
First of all, we need to explain the difference between a mobile house and a prefabricated house. Whilst mobile houses are usually provided with wheels, a prefabricated house is placed on the ground in a stable way, despite it has no foundations.
Mobile houses usually do not require any permit as they are movable and are not fixed on the ground. However, depending on the final use of your mobile house (ie. caravan), this might require a permit too, same as for prefabricated houses.
If the house is placed on the ground just temporarily (ie. it is equipped with wheels), it might be necessary to require a building permit depending on the actual and continuing use of the same. Therefore, it is not just the way a house is placed on the ground, which states if it needs a permit or not.
In fact, we also need to focus on the intended use of the house as well as the final interest of the person/owner who decides to place it on a land.
Mobile houses equipped with wheels, might need an authorizations for being placed on the ground if they are used as a deposit, studio, etc. and if their use is not just temporary.
What permit do we need to apply for?
A PDC “Permesso di Costruire” is usually required.
You can contact Luxury Law and connect with one of our professional/technician who will apply for your building permit.
If the application is made correctly, and all the requirements are fulfilled, it will not take more than 90 days to have a building permit released by the involved Municipality.
If you wish to receive any further information on this matter, you can contact our Real Estate lawyers and send us your enquiry at firstname.lastname@example.org.
Which law regulates prefabricated houses in Italy?
The D.P.R. 06 June 2001, n. 380: “Testo Unico Nazionale dell’Edilizia” is the main law which regulates this matter.
This states that the installation of light manufactured products, also prefabricated houses, as well as caravans, campers, boats are to be considered as “new constructions” if these are used as places where to live or as a warehouse or similar, with the exception of those which are used only temporarily or that are located in accommodation facilities for tourists specifically used for a short stay, and which have already been authorized as per each specific Regional law.
Furthermore, each Region specifically regulates how to apply and in what cases, by, of course, following what indicated by the national law.
On a final note, we need to highlight the importance of the general urban development plan (Piano Regolatore Generale), and the building regulation of each Municipality (Regolamento Edilizio Comunale). Without taking into consideration those regulations, it will not be possible to obtain a permit.