The Single Construction Glossaryintroduced with the Ministerial Decree of 2 March 2018 in implementation of Legislative Decree no. 222/2016, identifies the main works that can be carried out without any qualification but in compliance with the provisions of municipal planning instruments and all sector regulations having an impact on the regulation of building activity (in particular, anti-seismic, safety, fire-fighting, hygienic-sanitary regulations, those relating to energy efficiency, protection from hydrogeological risk, of the provisions contained in Legislative Decree no. 42/2004).
In particular, the table Annex A to the Ministerial Decree, point no. 47, mention the activities of “…installation, replacement, repair, renovation…” Of “Shelters for domestic and farmyard animals, aviaries and similar, with relative enclosure”, which are therefore to be considered achievable under the free construction regime as they fall within the regulations set out in art. 6, paragraph 1, let. And-quinquies), of Presidential Decree no. 380/2001. Let’s see a recent concrete case and one review of previous sentences.
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Shelter for a single horse
From this it follows, as recently recalled by TAR Marche, section. I, in the sentence. 2 November 2024, n. 844That A building permit is not required for the construction of a small wooden shedmeasuring mt. 2.50 x m. 3.50 with average height, without pilings and concrete foundations or other material suitable to determine its immovability, used as a shelter for a single horse.
According to the judges, the artefact in question it has no building significancegiven that it is a small canopy, not permanently anchored to the ground, made with natural materials and above all open on all sides. It follows that the product falls within the scope of the combined provisions of art. 6 (Free construction activity) of TU n. 380/2001 and the table attached A, n. 47, to the Ministerial Decree of 2 March 2018.
In fact, although in this case we cannot speak of a domestic animal, from a construction point of view the shed in question has dimensions completely comparable to those of a chicken coop or other building intended for the shelter of domestic animals.
Nor do you need landscaping permissionin the case of a restricted area: art. 149 of Legislative Decree no. 42/2004 provides that “… however, the authorization required by art. is not required. 146, from the art. 147 and art. 159: a) …; b) for interventions relating to the exercise of theagro-forestry-pastoral activities that do not lead to permanent alteration of the state of the places with building constructions and other civil works, and provided that these are activities and works that do not alter the hydrogeological structure of the territory”.
Laying an aviary
As can be seen from the glossary containing the – non-exhaustive – list of the main building works that can be carried out under the free construction regime, pursuant to art. 1, paragraph 2, of Legislative Decree 25 November 2016, n. 222 (point 47 of the annex), the aviaries are expressly indicated among the free building interventions pursuant to Presidential Decree 380/2001, art. 6, paragraph 1, letter. e-quinquies, which recalls “the non-profit play areas they furnishing elements of the appurtenant areas of the buildings” (which also includes aviaries), qualifying them as interventions that can be carried out without any qualification: this is what was stated by the TAR Campania, Naples, section. VII, in the sentence. November 2, 2021, n. 6839.
Landscape authorization cannot even be considered necessary: in fact, point A. 19 of Annex A to Presidential Decree no. appears applicable to aviaries. 31/2017, which excludes the need for landscape authorization for: “pilings, pergolas, individual removable structures, made of wood for storing agricultural tools, with a covered surface not exceeding five square meters and simply anchored to the ground without foundation works or masonry works.”
Metal cages used as shelter for dogs
The metal cagesused as shelter for dogsmust be considered excluded from the list of building works whose implementation requires the prior issuance of a building permit pursuant to art. 10 of Presidential Decree 380/2001, with consequent restorative sanction in case of illegal construction: this is what was stated by the TAR Campania, Naples, section. II, in the sentence. 4 October 2022, n. 6144.
In this sense, the “Single glossary of building works that can be carried out under free activity regime” adopted pursuant to art. 1 of the Infrastructure and Transport Ministerial Decree of 2 March 2018 (“Approval of the glossary containing the non-exhaustive list of the main building works that can be carried out under free construction activity”) which in point 47 includes precisely the “installation, repair, replacement, renewal” of “shelter for domestic and farmyard animals, aviary and similar, with relative fence” so that, since the specific function of the aforementioned artefact is not contested, it is fully contested compatible with the description of the shapes, volume and materials of the structurethese works must be considered subject to the free construction regime referred to in the art. 6 of Presidential Decree 380/2001.
Modest-sized dog kennel and chicken coop
As stated in the past by jurisprudence (TAR Molise, section I, sentence 13 March 2015, n. 93), “No building permit is required for the realization of chicken coop if it is an opera of modest size, accessory compared to the main residence, not having its own functional autonomy And does not have its own significant volumetric impact”.
Moreover – as in the previous case – in the “Single glossary of building works that can be carried out under free activity regime”, pursuant to art. 1 of the Infrastructure and Transport Ministerial Decree of 03/02/2018, the category of free construction works is foreseen in Annex 1, pursuant to art. 6, paragraph 1, letter. and quinquies of the Building Consolidated Law, represented by the non-profit play areas and the “furnishing elements of the appurtenant areas of the buildings”, in which category includes, in point 47, the “installation, repair, replacement, renovation” of “shelter for domestic and farmyard animals, aviary and similar, with relative enclosure”.
According to the TAR Campania, Salerno, section. II, in the sentence. 18 May 2021, n. 1251, what was observed above for the chicken coop can be extendedsimilarly, to the shed used as a dog kennelof very small dimensions, which shares, with the first, the reported pertinent character, with respect to the building context in which it is located.
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