Silence strengthened consent and attestations
The decree intervenes on article 20 of law no. 241/1990 to make the institution of silent consent effective. If the Municipality does not respond within the established deadlines, de facto consent is obtained. A principle that is strengthened with the possibility of certifying the expiry of the deadline both with a self-certification and with the designer’s declaration. This step strengthens the role of technicians. In general, with the changes introduced there are three new features:
- the request for documentary additions by the administration no longer jeopardizes silent consent. The deadlines are suspended only once and for no more than thirty days, but the procedure continues its course.
- established the only two cases in which silent consent is not formed: application not received by the competent administration or lacking the essential elements to identify the object and reasons for the measure requested.
- once the deadlines have passed, the administration is required to automatically send – and no longer only upon request of the private individual – a certificate of acceptance of the application, to the certified or ordinary email address indicated in the application. The sending must take place within ten days from the date of formation of the silent consent.
If the Municipality remains further inactive, the certification can be replaced by a declaration from the private individual or by a declaration from a qualified designer certifying the passage of the terms and the formation of silent consent. The possibility remains for the administration to act in self-defense, but only in cases where the application lacks the essential elements.
Summary of news on silent consent
| I wait | Previous regime | Novelty |
| Effect of requests for document integration | Possible prejudice to the formation of silent consent | Training not affected; suspension only once, for a maximum of 30 days |
| Cases of exclusion of silent consent | Not strictly codified | Only two cases: application not received or missing essential elements |
| Certification of the expiry of the terms | At the request of the private individual | Automatic, within 10 days, by the administration |
| Substitute for certification in case of inertia | Declaration of the private individual | Declaration from the private individual or the qualified designer |
Strengthened controls on communications
In parallel with these simplifications, Parliament has also decided to strengthen controls. With the new paragraph 2-bis introduced to the art. 2 of the legislative decree regarding the administrative regimes of private activities (222/2016) specifies that, with reference to the communication required for the performance of certain activities, including construction activities (particularly the SCIA), the rules regarding controls from articles 71 and 72 of the Consolidated Law on legislative and regulatory provisions regarding administrative documentation (Presidential Decree 445/2000) apply.
These require the proceeding administrations to carry out checks, including random checks, in proportion to the risk and extent of the benefit, and in cases of reasonable doubt, on the truthfulness of the declarations in lieu of certifications and of the declarations in lieu of the affidavit. In the event of irregularities or omissions that can be detected automatically (provided that they are not false declarations), it is possible to regularize or complete the declaration so that the procedure can be followed.
However, the untruthful declaration or false certification of the requirements entails, in addition to the criminal sanction, the ban on carrying out the activity started on the basis of the communication.
Services conference
Finally, the decree intervenes on article 14-bis of law no. 241/1990, which regulates the Services Conference, significantly cutting the deadlines for communicating decisions. For procedures that require the involvement of administrations responsible for the protection of sensitive interests – landscape, cultural heritage, environment, health and public safety – the deadline for making decisions is reduced by a third, from ninety to sixty days. The ordinary term instead drops from forty-five to thirty days.
The obligation to provide reasons is strengthened for all participating administrations, including those competent in urban planning, landscape, archaeological and cultural and environmental heritage protection matters: the requirements must respect the principles of proportionality, effectiveness and financial sustainability with respect to the original intervention. Generic or unmotivated dissent is equivalent to unconditional assent. In practice, for construction procedures involving the Superintendence or other consultative bodies, the opinion can no longer be limited to a generic denial.
If at the end of the asynchronous phase a determination has not been reached, the proceeding administration holds, within ten days, an electronic meeting of all the administrations involved, acquires the prevailing positions and adopts the final reasoned determination.
The same regulation also extends to the advisory opinions of public administration bodies, both mandatory and optional, pursuant to the new article 16, paragraph 4-bis, of law no. 241/1990 introduced by the amendment.
Summary of Services Conference news
| Meetings and decisions | Previous deadline | New term |
| Determinations in asynchronous conference – ordinary regime | 45 days | 30 days |
| Determinations in asynchronous conference – landscape, cultural heritage, environment, health, public safety | 90 days | 60 days |
| Closing telematic meeting | 45 days from expiration | 10 days from expiration |
| Simultaneous synchronous conference on demand | 45 days | 30 days |
| Works Simultaneous conference – ordinary regime | 45 days from the first meeting | 30 days from the first meeting |
| Works Simultaneous conference — sensitive interests | 90 days from the first meeting | 60 days from the first meeting |
| Advisory opinions – analytical justification required | Not expected | Motivated assent/dissent with mitigating measures and costs |
Reconstructed text
Read and download the text of the articles of Law 7 August 1990, n. here. 241 (New rules regarding administrative proceedings and right of access to administrative documents ) modified by Legislative Decree 19/2026 (Further urgent provisions for the implementation of the National Recovery and Resilience Plan (PNRR) and on cohesion policies):
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