Free building activity: building without a title, not without rules
Summary
TAV. 00The set of works that can be carried out without any authorisation (no permit, SCIA or CILA). Governed by art. 6 of D.P.R. 380/2001, it includes ordinary maintenance and other minor works, but remains subject to planning, sector rules and constraints: it is freedom from the procedure, not from the rules.
Scope of application
TAV. 01It applies to the works listed in art. 6 of D.P.R. 380/2001 and recalled, illustratively, by the Glossary of free building (D.M. 02/03/2018). The application of planning, sector and protection rules remains; for constrained properties further assents may be needed. The rules may be supplemented by regional laws.
In depth
TAV. AWithout a title does not mean without rules
Free building activity (art. 6 of D.P.R. 380/2001) gathers the works that can be carried out without any authorisation: no permit, no SCIA, no CILA. But 'free' is a procedural adjective, not a substantive one: the works remain subject to the sector rules — urban-planning, anti-seismic, safety, fire, health, energy efficiency and the protection of landscape and heritage. You are free from the procedure, not from the rules.
What is included
Art. 6 lists typical categories: ordinary maintenance; the removal of architectural barriers that does not touch the structural parts or the external appearance of constrained buildings; paving and finishing of external spaces; play areas without profit aims; some seasonal works; certain solar and photovoltaic systems. D.M. 02/03/2018 — the 'Glossary of free building' — gives an illustrative list, to provide certainty about what is included.
| Area | What stays binding |
|---|---|
| Urban planning | planning instruments and building regulations |
| Structures and seismic | the structural parts are never free |
| Landscape and heritage | authorisation where there is a constraint |
| Safety and energy | sector technical requirements |
Free with a notice: contingent and temporary works
Within art. 6 there is a sub-category: works meant to meet contingent and temporary needs, to be removed within a set term, require a prior notice of start with a commitment to removal. It is the only residual step in a regime otherwise without acts.
Why it matters
Free building is the base of the ladder of titles: it defines the lower boundary, what the legislator chose not to put through a procedure. Knowing it well avoids two opposite mistakes: asking for a title that is not needed, wasting time, and taking for granted a freedom that is not there, breaching a constraint. It is the degree zero of building, not the degree zero of responsibilities.
Key points
TAV. K- Works that can be carried out without any title: no permit, SCIA or CILA (art. 6 D.P.R. 380/2001).
- 'Free' is procedural: planning, seismic, safety, energy, landscape and heritage rules remain binding.
- D.M. 02/03/2018 (Glossary of free building) lists the recurring works, for certainty.
- Contingent and temporary works to be removed require a prior notice.
- On constrained properties the landscape authorisation may still be required.
Frequently asked questions
TAV. QDoes free building mean I can do anything?
No: it only means that no preventive authorisation is needed. The planning, seismic, safety and protection rules remain fully applicable.
Which works are free building?
Ordinary maintenance, non-structural barrier removal, external paving, non-profit play areas, some seasonal works and systems; the reference list is the Glossary (D.M. 02/03/2018).
If my house is constrained, does free building still apply?
The classification remains, but on constrained properties some works require the landscape authorisation or the heritage office's clearance: freedom from the building title does not remove the constraint.
Do I need to notify anything for free works?
As a rule no; the exception is contingent and temporary works to be removed, for which a notice of start with a commitment to removal is provided.
Can I touch the structures under free building?
No: works on the structural parts are never free; they require at least the SCIA and the related seismic steps.
Glossary
TAV. G- Attività edilizia libera
- Set of works that can be carried out without an authorisation, in compliance with the sector rules.
- Manutenzione ordinaria
- Works to repair, renew and replace finishes and to keep the existing systems efficient.
- Glossario dell'edilizia libera
- D.M. 02/03/2018: illustrative list of the main works that can be carried out without a title.
- Opere contingenti e temporanee
- Works for a time-limited need, to be removed within a term, subject to a prior notice.
- Autorizzazione paesaggistica
- Assent required, even for otherwise free works, on properties and areas subject to a landscape constraint.