Building title for shed: general criterion
According to a consolidated jurisprudential orientation (3), interventions consisting in the installation of canopies or other similar structures which are in any case affixed to parts of pre-existing buildings as accessory structures for the protection or shelter of free spaces, i.e. not included within the foreseen volumetric coverages in an approved project, they can be considered exempt from the building permit (the DIA/SCIA(4) being sufficient) only where their shape and small size make their purpose of furnishing or shelter and protection evident and recognizable (even from atmospheric agents) of the property they access; such structures cannot, on the other hand, be considered installable without a building permit when their dimensions are of such an extent as to cause a visible alteration to the building or to the parts of the same on which they are inserted.
Building permit for shed: case studies
Consequently, building permit is required for a shed:
– variable in height from 170 to 190 cm and 390 cm long and 100 cm deep(5);
– in wood, with a sloping wooden pitch, with a rectangular shape with dimensions of 13.00 m 5.00 m with a maximum height of approximately 4.00 m and a minimum height of 3.50 m(6);
– with a surface area of 67 m2, with a height of mt. 2.00-2.70(7);
– with a surface area of 52 m2, with a height of mt. 2.75-2.80(8);
– 27 by 8(9) metres;
– in laminated wood, with adjoining external flooring, built in the space in front of the entrance to a commercial business and having the following dimensions: “height at the eaves approximately 2.70 metres; heaped height approximately 3.00 metres; depth approximately 3.30 meters – sidewalk depth approximately 3.60 meters length approximately 8.30 meters”(10);
– of 31 m2(11);
– of 22.50 m2, for a height varying from 2.30 m to 3.07 m), stably anchored to the ground (12);
– in wood of approx. 130.00(13);
– in laminated wood with roofing in insulated faux tile panels covered in wood, measuring approximately 60(14) m2;
– with a trapezoidal plan, with a wooden load-bearing structure (pillars and attic) and an insulated sheet metal roof, to completely protect the entire uncovered courtyard surface, closed on three sides, for a total surface area of 16.20(15) m2;
– with “wooden structure of approximately 16.5 m2 of surface area and volume of approximately 41.37 m3 built on the terrace of the property”(16);
– pitched, made up of load-bearing iron elements and metal sheet roofing, with a total surface area of approximately 235 m2, closed on three sides, beneath which an artisan room has been created for the processing and assembly of iron, made of stone and with a sheet metal roof with a surface area of approximately 150 m2, including a bathroom, as well as a storage room and other minor works (17);
– of 105 m2 of surface area, with a height of over 3 meters at the top, with wooden pillars and beams, anchored to the walking surface via plates embedded in the floor and bolted to the pillars (18);
– “with vertical and horizontal load-bearing elements, in concrete and iron”, of approximately mt. 12.45×7.50(19).
Shed without building permit: case studies
Otherwise, the building permit was not deemed necessary:
– for a modest shed, composed of “by two iron pillars, a horizontal iron structure with an overlying covering of pantiles and gutter channels”, open on three sides and leaning on one side only against the perimeter wall of the main building (20);
– for a “shed made with a metal structure and insulated sheet metal roof measuring 5.30 m x 8 m and variable height from approximately 2.50 m to 3.00 m”(21);
– for a shed attached to the building and which served as a cover for an oven and a barbecue, for a surface area of 9.24 m2 and a maximum height of approximately m. 2.70 and a minimum height of approximately 2.50 m(22).
Note
(1) Presidential Decree no. 380/2001.
(2) See, ex multis, Council of State, sec. VI, sentence. 4 February 2023, n. 1205.
(3) Council of State, sec. II, sentence. March 17, 2022, n. 1933; TAR Lazio, Rome, section. IV ter, sentence. 21 February 2024, n. 3457; TAR Campania, Salerno, section. II, sentence. 4 January 2024, n. 88; sent. 18 December 2023, n. 2978; Naples, section. IV, sentence. 14 May 2020, n. 1802.
(4) TAR Campania, Salerno, sec. I, in the sentence. November 23, 2023, n. 2707; sent. 14 November 2023, n. 2593.
(5) TAR Marche, section. II, sentence. 11 March 2024, n. 241
(6) TAR Campania, Salerno, sec. II, sentence. 4 January 2024, n. 88.
(7) TAR Campania, Salerno, sec. I, in the sentence. November 23, 2023, n. 2707.
(8) TAR Campania, Salerno, sec. I, heard. 14 November 2023, n. 2593.
(9) TAR Piedmont, section. II, sentence. 12 May 2023, n. 448.
(10) TAR Calabria, Catanzaro, sec. II, sentence. 24 April 2023, n. 640.
(11) TAR Campania, Naples, sec. VI, sentence. 18 April 2023, n. 2377.
(12) TAR Marche, section. I, heard. 13 April 2023, n. 237.
(13) Council of State, sec. VI, sentence. 4 February 2023, n. 1205.
(14) TAR Calabria, Reggio Calabria, sentence. 23 January 2023, n. 96.
(15) TAR Lombardy, Milan, sec. II, sentence. 3 January 2023, n. 55.
(16) TAR Lazio, Rome, sec. II excerpt, sentence. 6 September 2022, n. 11474.
(17) TAR Campania, Naples, sec. II, sentence. 24 June 2022, n. 4309.
(18) Council of State, sec. VI, sentence. 11 May 2022, n. 3708.
(19) TAR Puglia, Bari, sec. I, heard. 15 April 2022, n. 499.
(20) TAR Campania, Salerno, sec. II, sentence. 2 February 2024, n. 352.
(21) TAR Calabria, Catanzaro, sec. II, sentence. March 15, 2023, n. 416: according to the judges, this roof “must be considered a light structure, open on three sides, placed at the service of the building on whose external wall it rests, without an independent destination and of insignificant dimensions, whose purpose can only be that of mere furnishing and protection of the property: it follows that there is no need for the prior issuing of a building permit”.
(22) TAR Campania, Salerno, sec. II, sentence. 3 March 2022, n. 609; in the specific case, the judges recognized the appurtenant nature of the roof, “given by the reduced surface and volumetric size”.
In collaboration with studiolegalepetrulli.it
