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D.Lgs. 199/2021

D.Lgs. 199/2021: renewables in buildings and energy communities

In forceEnergia & ImpiantiAmbiente & SostenibilitàLegge/DecretoCogente● Verified

Summary

TAV. 00

It 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. The text has been heavily reworked: Legislative Decree 190/2024 moved the plant authorisation regimes out of it, and Legislative Decree 5/2026 transposed RED III into it.

Scope of application

TAV. 01

It concerns the promotion of renewable sources: the quota obligation in buildings (new and major renovations), self-consumption configurations and energy communities, and the identification of suitable areas (art. 20). The plant authorisation regimes, originally here, have moved into Legislative Decree 190/2024. Many implementing decrees and regional powers supplement its application.

In depth

TAV. A

The 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.

UPDATE

The text read today is not the 2021 one. Two measures rewrote it deeply: Legislative Decree no. 190 of 25 November 2024 — the Renewables Consolidated Act, in force since 30 December 2024 — which moved the plant authorisation regimes out of it, and Legislative Decree no. 5 of 9 January 2026, in force since 4 February 2026, which transposed the RED III directive into it, raising the 2030 national target to 39.4% of gross final energy consumption. Art. 20 on suitable areas, by contrast, was not repealed: it was amended and remains the reference.

NOTE

For buildings it replaces the regime of Annex 3 of D.Lgs. 28/2011: the obligation to cover a share of consumption with renewables is now here.

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.

The obligation in brief
WhenWhat
New buildingsminimum share of thermal consumption + minimum renewable electrical power
Major renovationsreduced share, according to the extent of the works
Wherepreferably plants on site or nearby
Editorial summary; the point values are in the annexes of D.Lgs. 199/2021.
CAUTION

Failing the renewable quota prevents energy compliance and therefore, in practice, the regular completion of the works. It is not a 'green' optional: it is a binding requirement, like thermal transmittance.

The novelty: renewable energy communities (CER)

A CER is a legal entity in which natural persons, small and medium-sized enterprises, territorial bodies and local authorities — together with research and training bodies, religious bodies, third-sector and environmental-protection bodies — join to produce, share and consume renewable energy locally. Large enterprises are excluded, and for anyone carrying on a business the participation may not constitute their main commercial or industrial activity. 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.

How a CER is born
  1. 01
    Perimeter and plantA renewable plant and the members within the electrical perimeter (the same primary substation) are identified.
  2. 02
    Legal entityThe community is set up as a legal entity whose main purpose is not profit.
  3. 03
    Sharing and incentiveEnergy sharing is activated and the incentive on the shared energy is accessed.
  4. 04
    ManagementDistribution of benefits and ongoing obligations are managed over time.
NOTE

A CER is not a 'private grid': members stay connected to the public grid; what is shared is, in accounting terms, the energy fed in and drawn within the same perimeter and period.

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 the 'suitable areas' where installation is favoured (art. 20, still in force). The authorisation regimes themselves, however, are no longer here: since 30 December 2024 they sit in the Renewables Consolidated Act (Legislative Decree 190/2024), which repealed the procedural block of 199/2021 — art. 18(1) and (2), art. 22-bis, art. 23(1), art. 24(1), art. 25(1), (2), (6) and (6-ter), art. 38 and its Annex II. On constrained properties and areas, in any case, the landscape authorisation or the heritage office's opinion remain necessary: simplification does not cancel protection, it coordinates it.

CAUTION

Installing PV is far freer today than in the past, but not everywhere in the same way: in constrained areas the specific conditions must be checked before taking 'freedom' for granted.

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 and is now the text as updated by Legislative Decree 5/2026, which transposes RED III and raises the 2030 national target to 39.4% of gross final energy consumption.
  • 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 identifies the 'suitable areas' for plants (art. 20, still in force and amended); the authorisation regimes, by contrast, moved into the Renewables Consolidated Act (Legislative Decree 190/2024).
  • On constrained properties the landscape authorisation is still required: simplification does not cancel protection.

Materials concerned

TAV. M
MAT.49/72P
BIPV (Building-Integrated Photovoltaics)
Photovoltaic Glass (BIPV)

State-exam tracks that call it into play

TAV. E

Where this rule shows up in past architect qualification exams — study the rule, not just the theme.

2024 · I sess.A bioclimatic tower house on a sloping lotUniversità della Campania "Luigi Vanvitelli" (Aversa)

Frequently asked questions

TAV. Q
What 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?

Natural persons, small and medium-sized enterprises, territorial bodies and local authorities — municipalities included — as well as research and training bodies, religious bodies, third-sector and environmental-protection bodies. Two limits matter: large enterprises may not take part, and for anyone carrying on a business the participation may not constitute their main commercial or industrial activity.

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'?

They are the areas the rules mark as suitable for installing renewable-energy plants, where the procedure is eased. Art. 20 of Legislative Decree 199/2021 provides for them and — unlike other articles of the decree — it was not repealed by the 2024 Renewables Consolidated Act: it was amended and remains the reference, read together with the ministerial decree on suitable areas and the regional laws that actually identify them.

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.

Details

Body
Stato
Type
Legge/Decreto
Binding
Cogente
Level
Nazionale
Year
2021
In force
15 Dec 2021
Read the official text (free) ↗
normattiva.it ›
Last verified: 20 Jun 2026
Editorial status: Verified

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