Photovoltaic simplifications also for historic centres: new suitable areas and an end to generic bans by Municipalities

Buildings as suitable areas: the underlying principle

The new article 11-bis of the Legislative Decree. 190/2024, inserted by art. 2 of decree 175/2025, expressly qualifies as suitable areas “buildings and built structures and related appurtenant external surfaces” (paragraph 1, letter l, point 3).

This means that any building – residential, commercial, industrial – becomes by law an area suitable for the installation of photovoltaic systems, regardless of its urban location. Qualification as a suitable area entails significant procedural consequences: in fact, significant authorization simplifications are triggered for plants that fall entirely within suitable areas.

When the opinion of the Superintendency is no longer binding

In this context, the new article 11-quater establishes two principles:

1. For interventions with low environmental impact (Annexes A and B of the Consolidated Renewable Law) which occur in suitable areas, the implementation “is not subject to the acquisition of authorization from the competent landscape authority”, which is expressed with a “mandatory and non-binding opinion” (paragraph 1). In practice: anyone who installs photovoltaic panels on a building qualified as a suitable area does not need to apply for landscaping authorisation. The Superintendency expresses an opinion (if necessary in the case of a property or restricted area), but this opinion cannot block the intervention. If the opinion does not arrive, the proceeding authority takes action on the application anyway. This also applies in the case of UNESCO protected sites.
2. For the interventions in Annex C (single authorisation), the landscape opinion remains mandatory but becomes non-binding, also for the purposes of environmental impact assessment. The terms of the single authorization procedure are reduced by a third. This simplification applies only if the system falls entirely within a suitable area (paragraph 3), while if even only part of the system is outside the suitable area, the rule does not apply.

The buffer zone of 500 meters from the protected assets

There is, however, an important limitation. Article 11-bis, paragraph 4, letter m, establishes that the regions cannot qualify as suitable “the areas included in the perimeter of the assets subject to protection pursuant to the Cultural Heritage and Landscape Code nor those included in a buffer zone of three kilometres, in the case of wind farms, and of five hundred metres, in the case of photovoltaic systems, from the perimeter of the assets themselves”. This means that a building located within 500 meters of a listed asset loses the qualification of an area suitable for the installation of photovoltaic panels without PAS.

In concrete terms: anyone who installs photovoltaics on a non-restricted building but located within 500 meters of a protected asset (for example a monumental church, a listed historic building, an archaeological area) cannot benefit from the simplifications provided for suitable areas. The intervention remains possible, but is subject to ordinary authorizations, including binding landscape authorization.

Outside the 500 meter range, however, the building is a suitable area for all purposes and simplifications come into play.

Stop generic bans, what changes in historic centres

With the decree, beyond the buffer zones just seen, it is no longer possible for local administrations to ban the panels in a general way. Article 11-bis, paragraph 4, letter d, expressly establishes “the impossibility of providing for general and abstract prohibitions on the installation of renewable energy systems”.

This means that a municipal regulation or a landscape plan can no longer preventively prohibit photovoltaic panels “throughout the historic center” or “in all A zones”. Anyone who installs panels on a building in the historic center that is not restricted and located beyond 500 meters from protected assets is entitled to the simplifications provided for all suitable areas.

Agricultural land, agrivoltaics are always permitted

The decree also introduces significant changes for agricultural land. While on the one hand the ban is confirmed in the case of new ground-based systems, it is put in black and white that agrivoltaic systems are instead “always allowed”, considering that this type of system is capable of preserving the continuity of cultivation and pastoral activities.

And to avoid any interpretative problems, a specific definition is also introduced. In fact, in this case the system “can provide for the rotation of the modules placed in a high position from the ground and the application of digital and precision agriculture tools”.

Other areas suitable expanded for photovoltaics

In addition to buildings, the decree significantly expands the catalog of areas specifically suitable for photovoltaic systems. Article 11-bis, paragraph 1, letter l, adds to the general suitable areas (reclamation sites, closed quarries, closed landfills, railways, motorways, airports, military and state property) a series of areas that can only be used for photovoltaics:

• areas inside industrial plants subject to integrated environmental authorisation, plus agricultural areas within a perimeter of 350 meters from the plant;
• areas for industrial, managerial, artisanal, commercial, logistics use or for data processing centres;
• parking areas, limited to roofing structures;
• water reservoirs, quarry lakes and abandoned or degraded mines;
• integrated water service systems and related areas of relevance.

Constraints for regions: planning limits

The decree then places precise limits on regional planning power. Article 11-bis, paragraph 4, letter g, establishes that “in order to preserve the agricultural use of the land, the agricultural areas that can be qualified as suitable areas at a regional level are not less than 0.8 percent of the used agricultural surfaces (UAA) nor greater than 3 percent of the same UAA”. The regions can define specific percentages at municipal level (letter h), but they must move within this corridor.

The regions have 120 days from the entry into force of the decree (therefore by 22 March 2026) to identify with their own law suitable areas in addition to those already qualified by the decree (paragraph 3). In case of failure to adopt or failure to comply with the principles established by the decree, the state substitute power applies pursuant to article 41 of law 234/2012.

The digital platform for monitoring

Finally, the new article 12-bis provides for the establishment of a digital platform for suitable areas, managed by MASE with support from GSE and open to public consultation. The platform includes a “counter of UAA used for the installation of renewable energy plants”, powered by regional data.

Within 60 days of entry into force (therefore by 21 January 2026), by MASE decree following agreement in the Unified Conference, the operating methods of the platform will be regulated.