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D.Lgs. 152/2006

The Environmental Code: assessments, waste and remediation for builders

In forceAmbiente & SostenibilitàLegge/DecretoCogente● Verified

Summary

TAV. 00

The 'Environmental Code': it consolidates Italian environmental law in six parts — principles, assessments (SEA, EIA, IPPC), water and air protection, waste and remediation, environmental damage. For those who design and build it is decisive: assessments can condition the building title and every excavation or demolition meets the waste regime.

Scope of application

TAV. 01

It applies to plans and programmes (SEA), projects and works (EIA), the operation of installations (IPPC/AUA), the management of waste and excavated soil, the remediation of contaminated sites, water discharges and air emissions. Several detailed regimes supplement the Code: excavated soil and rock under D.P.R. 120/2017, and end-of-waste status for inert construction and demolition materials under Ministerial Decree 127/2024. Regional powers also supplement its application.

In depth

TAV. A

The environmental code: a map in six parts

It is the framework that consolidates Italian environmental law. Its principles — precaution, prevention, correction at source and 'the polluter pays' — run through six parts. For the building world it intersects at every scale: plans (SEA), projects (EIA), the building site (excavated soil, waste) and the existing building (remediation).

The six parts of the Code
PartSubject
Part Iprinciples and aims
Part IISEA, EIA and the IPPC permit (assessments and authorisations)
Part IIIsoil defence and water protection
Part IVwaste and remediation of contaminated sites
Part Vair protection and atmospheric emissions
Part VIenvironmental damage
Editorial summary of the structure of D.Lgs. 152/2006.

SEA, EIA, IPPC: three assessments not to be confused

The SEA (VAS) concerns plans and programmes (such as planning instruments); the EIA (VIA) concerns projects and works; the IPPC permit (AIA) concerns the operation of industrial installations. Confusing them is the most common mistake, and it changes who assesses, when and with what effects.

VAS / VIA / AIA
InstrumentApplies to
VAS (SEA)plans and programmes (e.g. planning instruments)
VIA (EIA)projects and works
Screening'minor' projects: decides whether an EIA is needed
AIA (IPPC)operation of large industrial installations
AUAsingle permit for SMEs not subject to AIA
Editorial summary; cf. Part II of D.Lgs. 152/2006 (AUA: D.P.R. 59/2013).
CAUTION

The EIA is often a precondition of the building title: for the projects subject to it, the title cannot be issued and works cannot start without a positive assessment. The PAUR (single regional authorisation measure) exists precisely to coordinate the EIA and the titles.

The building site and waste: the hierarchy

Waste management follows a binding hierarchy: first reduce production, then re-use, recycle, recover and — only last — dispose. The producer is responsible for the correct routing to destination. For construction and demolition waste the recovery targets are high: selective demolition and the Minimum Environmental Criteria push towards the re-use of inert materials.

The waste hierarchy
  1. 01
    PreventionReduce the quantity and hazard of the waste produced.
  2. 02
    Preparation for re-useRecover goods and components for a new use.
  3. 03
    RecyclingTurn waste into new material (e.g. recycled aggregates).
  4. 04
    Other recoveryRecover value, including energy, from what remains.
  5. 05
    DisposalLandfill or incineration: the last option.
NOTE

Art. 184-ter says that waste may cease to be waste, but not when: that is set by sector decrees. For the building site the one that matters is Ministerial Decree no. 127 of 28 June 2024, in force since 26 September 2024, governing end-of-waste status for inert construction and demolition materials. It is the text that says on what conditions rubble becomes recovered aggregate instead of remaining waste — and therefore whether a demolished material can go back into the works. Operators already authorised had to comply by 25 March 2025.

The hard case (1): excavated soil and rocks

Excavated soil and rocks are the most delicate point on site. They can be managed as a by-product — hence not as waste — only if all the legal conditions are met: certain re-use, no treatment beyond normal industrial practice, compliance with environmental requirements and a declaration, under D.P.R. 120/2017 and art. 184-bis of the Code. If even one condition is missing, they are waste, with all the regime that follows.

CAUTION

By-product or waste is not a matter of convenience: it depends on the documented presence of all the legal conditions. In case of doubt, the qualification as waste prevails, and the mistake exposes one to liability, including criminal.

The hard case (2): finding a contaminated site

If contamination emerges during excavation, immediate duties arise: prevention measures, notice to the authorities (Municipality, Region/Province, ARPA) and the start of the remediation procedure — investigation, risk analysis, design. The principle is 'the polluter pays', but the non-responsible owner still has safety duties and the area may be burdened with a real charge. In practice, the discovery halts the affected part of the site until the situation is handled.

NOTE

CSC (contamination threshold concentrations) and CSR (risk threshold concentrations): exceeding the CSC triggers the investigation; the site is 'contaminated' only if the site-specific risk analysis exceeds the CSR. The logic is performance-based, founded on real risk, not on merely exceeding a tabulated value.

Water, air, environmental damage

Beyond assessments and waste, the Code governs water protection (Part III: discharges require a discharge authorisation), air protection (Part V: atmospheric emissions require authorisation) and environmental damage (Part VI: whoever causes damage must restore, under the 'polluter pays' principle).

Why it matters

The environmental code is the level where architecture meets the ecological limit: not an accessory formality, but the framework that decides whether and how a project may exist — from the plan to the site to removal. For an architecture that wishes to call itself sustainable, it is the ground on which credibility is measured, not minimum compliance.

Key points

TAV. K
  • The environmental code in 6 parts: principles, assessments (SEA/EIA/IPPC), water, waste and remediation, air, environmental damage (D.Lgs. 152/2006).
  • SEA for plans, EIA for projects, IPPC for installations: three different assessments, not to be confused.
  • The EIA is often a precondition of the building title: without a positive outcome, works do not start.
  • Waste hierarchy: prevention, re-use, recycling, recovery, disposal; high targets for demolition waste.
  • Excavated soil: a by-product only if all the legal conditions are met (D.P.R. 120/2017), otherwise waste.
  • Remediation: finding contamination triggers immediate duties; 'the polluter pays', but the innocent owner has duties too.
  • Guiding principles: precaution and 'the polluter pays'.

Materials concerned

TAV. M
MAT.09/32R
Eco-conglomerate (CAM)
Recycled Concrete

Frequently asked questions

TAV. Q
What is the difference between EIA and SEA?

The EIA (VIA) concerns projects; the SEA (VAS) concerns plans and programmes. Screening (the verification of subjection) decides whether a 'minor' project requires a full EIA.

Does the EIA block the building permit?

For the projects subject to it, yes: the title is not issued and works do not start without a positive outcome. The PAUR coordinates the EIA and the titles in a single measure.

Is excavated soil waste?

It depends: it is a by-product (not waste) only if all the conditions of D.P.R. 120/2017 and art. 184-bis are met (certain re-use, no treatment beyond normal practice, environmental requirements, declaration); otherwise it is waste.

What must I do if I find contaminated soil on site?

Immediately adopt prevention measures, notify the authorities (Municipality, Region/Province, ARPA) and start the remediation procedure (investigations, risk analysis, design). The affected part of the site stops.

What does 'the polluter pays' mean for the innocent owner?

The cost of prevention and restoration falls on whoever caused the contamination; the non-responsible owner does not pay for another's remediation but has safety duties, and the area may be burdened with a real charge.

Can demolition waste be re-used?

Yes, and it is encouraged: the hierarchy rewards recycling and recovery, selective demolition and the Minimum Environmental Criteria push the re-use of inert materials; in some cases aggregates reach end-of-waste status.

Glossary

TAV. G
VIA
Environmental Impact Assessment: assessment of the environmental effects of a project.
VAS
Strategic Environmental Assessment: environmental assessment of plans and programmes.
AIA
Integrated Environmental Authorisation: permit for the operation of large industrial installations.
Sottoprodotto
Residue that, under given conditions, is not waste and may be re-used (art. 184-bis).
End of waste
End of waste: when, after recovery, waste becomes a product again (art. 184-ter).
CSC / CSR
Contamination / risk threshold concentrations: the references for qualifying and remediating a site.
Bonifica
Set of works to eliminate or reduce contamination within the risk thresholds.

Details

Body
Stato
Type
Legge/Decreto
Binding
Cogente
Level
Nazionale
Year
2006
In force
29 Apr 2006
Read the official text (free) ↗
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Last verified: 20 Jun 2026
Editorial status: Verified

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