Do I always need a building permit for the shed?

The case examined by the Council of State

In this specific case, it was a shed 8.50 x 1.20 metersOf protection of the small terrace on the ground floorfor which the municipal technical office had considered building permit requiredWhile the interested party claimed the qualification in terms of mere extraordinary maintenance intervention, for which said building permit was not necessary. The thesis of the need for permission Not was welcomed by the judges of Palazzo Spada.

Let us now look at a useful review of sentences.

Cases of sheds stolen from the building permit

According to the TAR Calabria, Catanzaro, section. II, sentence. March 15, 2023, n. 416, a “roof made with a metal structure and insulated sheet metal covering with dimensions of 5.30 m x 8 m and a height varying from approximately 2.50 m to 3.00 m” must be considered a light structure, open on three sidesmail serving the building on whose external wall it rests, devoid of independent destination and of insignificant dimensionswhose 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.

Similarly, the TAR Campania, Salerno, section. II, in the sentence. March 24, 2022, n. 810, he held a SCIA is sufficientand building permit is not necessary, before wooden shedconsisting of 3 pillars 30 x 30 x 2.30 cm, with single-pitch roof made of wood and tilesanchored on one side to the wall of the building at a maximum height of 3.25 m and on the opposite side to the described pillars at a minimum height of 2.30 m, for a surface area of ​​approximately 19.35 m2 (2) .

Again, according to the TAR Campania, Salerno, sec. II, sentence. 3 March 2022, n. 609, a building permit is not required for a roof adhering to the building and acting 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, given his pertinent naturegiven by the reduced surface and volumetric size.

According to the TAR Campania, Naples, section. VIII, sentence. 6 December 2019, n. 5733, the building permit is not needed in the case of a small wooden shed, made up of pillars and beams, with dimensions 2.40 m. in length, 1.60 m. of width and height varying between 2.15 m. and 2.70 m, made in coverage of vending machinesexpressly qualified as a pertinent work by the judges.

Cases of sheds requiring building permit

Differently, in the case of significant dimensions and strong impact on the state of the places, jurisprudence deems building permit necessary. It has, in fact, been highlighted that when the sheds affect the pre-existing building structure cannot be considered as extraordinary maintenance interventions, as they do not consist in the renovation or replacement of an architectural element, but in theaddition of a structural element of the building, with modification of the elevationtherefore the related construction requires the prior issuance of the building permit, as it cannot be granted with a simple DIA/SCIA, also due to the persistent change in the state of places(3), having to qualify in terms of new construction.

For example, a building permit was deemed necessary in the following concrete cases:

• two sheds built on the terraces belonging to the property, respectively occupying a surface area of ​​approx. 31 and square meters. 24 (TAR Campania, Naples, section IV, sentence 15 February 2024, n. 1109);
• three sheds of considerable size (12×11.66 m; 4.69×6.74; 6.37×3.82, with an average height of 4.50 m), permanently anchored to the ground by means of an iron and sheet metal structure (TAR Campania, Salerno, section II, sentence 24 January 2024, n. 261);
• a wooden shed, with a wooden sloping 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. (TAR Campania, Salerno, section II, sentence 4 January 2024, n. 88);
• a shed of surface area equal to 67 m2., with a height of mt. 2.00-2.70 (TAR Campania, Salerno, section I, sentence 23 November 2023, n. 2707);
• two sheds measuring 35 x 7 meters on the north side and 40 x 10 meters on the south side (TAR Piedmont, section II, sentence 13 October 2023, no. 795);
• a shed measuring 27 x 8 meters (TAR Piedmont, section II, sentence 12 May 2023, n. 448);
• a laminated wood shed, with attached external flooringbuilt 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” (TAR Calabria, Catanzaro, section II, sentence 24 April 2023, n. 640);
• a 130 m2 wooden shed. (Council of State, section VI, sentence 4 February 2023, n. 1205);
• a trapezoidal roof, aventand wooden supporting structure (pillars and floor) and insulated sheet metal roofto completely protect the entire uncovered courtyard surface, closed on three sides, for a total surface area of ​​16.20 m2 (TAR Lombardy, Milan, section II, sentence 3 January 2023, no. 55 (4)).

Note

(1) See Council of State, section. VI, sentence. 27 January 2021, n. 813; sent. 13 April 2021, n. 3005; sent. 5 August 2013, n. 4086; section IV, sentence. 8 August 2019, n. 5637; TAR Campania, Naples, section. VIII, sentence. 1 October 2021, n. 6146; Salerno, section. II, sentence. 14 October 2022, n. 2690.

(2) On this occasion the judges also recalled that “the construction of a roof, which – as in the present case – is not demonstrably closed by at least two contiguous surfaces perpendicular to the base plane (see TAR Sardinia, section II, no. 183/2015; TAR Umbria, Perugia, no. 82/2014) and which, moreover, has relatively small dimensions, is incapable of leading to a significant increase in volume, being attributable to the orbit of urbanistically pertinent assets, i.e. structures serving others, and is therefore not , subject to the prior issuance of the building permit, so that, where carried out sine titulo (i.e. without SCIA) it is sanctioned only on a pecuniary basis (see TAR Campania, Salerno, section II, no. 976/2019). In support of the superior approach, it is also worth recalling the following arrest, sanctioned by Council. State, sec. VI, n. 3819/2017: «The construction of a canopy resting on a perimeter wall on one side and on parapets on the other two, such as to close a terrace only partially… constitutes a 'light' building renovation intervention, that is, one that does not create volume, nor affects prospects. The necessary qualification is, therefore, constituted by the certified notification of the start of activity, with consequent illegitimacy of the application of the sanction consisting of the demolition order” (see, in an adhesive sense, TAR Lazio, Latina, n. 117/2019)”.

(3) TAR Campania, Naples, sec. II, sentence. 29 April 2019, n. 2284.

(4) According to the judges: “Due to its dimensions, construction type – closure on all sides and suitability for the expansion of the existing volume -, it is a building that involves a lasting alteration of the state of the places and affects the shape, elevation, volume and materials used in a stable and stable manner. lasting on the urban-building structure of the territory, resulting in an increase in the existing commercial surface area, so much so that the prior issuing of the building permit is required (see Council of State, section VI, 13/04/2021, n. 3005; Council of State, section VI, 13/10/2022, n. 8750)”.