D.Lgs. 199/2021: renewables in buildings and energy communities
Summary
TAV. 00It transposes the RED II directive on renewable sources. For builders it counts twice: it imposes a minimum renewable quota on new buildings and major renovations, and it introduces renewable energy communities (CER), which allow energy to be produced and shared locally.
Scope of application
TAV. 01It concerns the promotion of renewable sources: the quota obligation in buildings (new and major renovations), self-consumption configurations and energy communities, the identification of suitable areas and the simplified authorisation procedures for plants. Many implementing decrees and regional powers supplement its application.
In depth
TAV. AThe frame: a renewable Italy
It transposes the RED II directive and sets the trajectory towards a renewable energy system. For buildings it does two concrete things: it imposes a renewable quota on new and renovated buildings, and it opens the era of energy communities.
The obligation in buildings: a renewable quota
For new buildings and major renovations, a minimum share of consumption (heating, cooling, domestic hot water) and a minimum renewable electrical power proportional to the footprint must be covered by renewable sources, preferably on site. It integrates with the 'minimum requirements decree' (D.M. 26/06/2015): without it, the energy check does not close.
| When | What |
|---|---|
| New buildings | minimum share of thermal consumption + minimum renewable electrical power |
| Major renovations | reduced share, according to the extent of the works |
| Where | preferably plants on site or nearby |
The novelty: renewable energy communities (CER)
A CER is a legal entity in which citizens, businesses and local authorities join to produce, share and consume renewable energy locally. The energy produced by a plant (e.g. rooftop PV) is shared among the members within an electrical perimeter, with an incentive on the shared energy. It is a paradigm shift: from the passive consumer to the 'prosumer' who builds a network.
- 01Perimeter and plantA renewable plant and the members within the electrical perimeter (the same primary substation) are identified.
- 02Legal entityThe community is set up as a legal entity whose main purpose is not profit.
- 03Sharing and incentiveEnergy sharing is activated and the incentive on the shared energy is accessed.
- 04ManagementDistribution of benefits and ongoing obligations are managed over time.
The hard case: renewables and landscape
The most frequent tension is between the push for renewables and the protection of landscape and heritage. The decree identifies 'suitable areas' where installation is favoured and simplifies many authorisations (down to free building for minor plants). But on constrained properties and areas the landscape authorisation or the heritage office's opinion remain necessary: simplification does not cancel protection, it coordinates it.
Why it matters
D.Lgs. 199/2021 moves renewables from incentive to structure: it makes them an obligation in the design and a social infrastructure in the communities. For architecture it is a double mandate — technical (the quota in buildings) and civic (the CER) — and one of the grounds where declared sustainability and real sustainability are measured.
Key points
TAV. K- It transposes the RED II directive: it moves Italy towards a renewable energy system (D.Lgs. 199/2021).
- It imposes a minimum renewable quota in new buildings and major renovations (inheriting Annex 3 of D.Lgs. 28/2011).
- It integrates with the 'minimum requirements decree': without the quota, the energy check does not close.
- It introduces Renewable Energy Communities (CER): producing and sharing energy locally.
- It simplifies plant authorisations and identifies 'suitable areas'.
- On constrained properties the landscape authorisation is still required: simplification does not cancel protection.
Materials concerned
TAV. MFrequently asked questions
TAV. QWhat changes for those who build?
New buildings and major renovations must cover a share of consumption with renewables and install a minimum renewable electrical power; the obligation, previously in Annex 3 of D.Lgs. 28/2011, is now in D.Lgs. 199/2021 and is checked through energy performance.
What is a renewable energy community?
An entity in which several users join to produce, share and consume local renewable energy, with an incentive on the shared energy; they remain connected to the public grid.
Who can be part of a CER?
Citizens, businesses (for which participation is not the main activity), local authorities and other entities, within the same electrical perimeter (the same primary substation).
Can I install PV freely anywhere?
In many cases yes, with simplified procedures down to free building; but on constrained properties and areas the landscape authorisation or the heritage office's opinion is still required.
What are 'suitable areas'?
Areas identified as suitable for installing renewable plants, where procedures are facilitated; they serve to steer plants where the impact is lower.
Can the renewables obligation be waived?
It is a binding requirement tied to energy compliance; any technical impossibility must be justified and handled under the rules, not simply ignored.
Glossary
TAV. G- RED II
- EU directive 2018/2001 on the promotion of energy from renewable sources, transposed by D.Lgs. 199/2021.
- Comunità Energetica Rinnovabile (CER)
- Renewable Energy Community: an entity that produces, shares and consumes renewable energy locally, with a non-profit main purpose.
- Autoconsumo
- Use of the energy produced by a plant by the producer or the members of a configuration (individual, collective, remote).
- Energia condivisa
- Share of energy fed in and drawn within the same perimeter and period, on which the incentive is calculated.
- Aree idonee
- Areas identified to favour the installation of renewable plants with simplified procedures.
- Quota di rinnovabile
- Percentage of the building's consumption that must be covered by renewable sources.