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To simplify administrative procedures for the construction and operation of renewable energy production plants, Legislative Decree 190/2024, also known as Testo Unico sulle Rinnovabili  (FER), came into force on December 30, 2024. This regulatory update introduces substantial changes to the development of photovoltaic projects in Italy, defining three main administrative regimes: free activity, simplified authorization procedure (PAS), and single authorization (AU).

To provide a clear overview and guide stakeholders through the different procedures, GDS Sole has prepared a summary of the new rules governing administrative regimes applicable to renewable energy production.

Administrative Regimes for Ground-Mounted Photovoltaic Systems:

Free Activity:
Interventions under free activity do not require permits, authorizations, or administrative approvals. However, this regime does not apply to interventions on protected assets (pursuant to Part II of the Cultural Heritage and Landscape Code) or in protected natural areas.

Simplified Authorization Procedure (PAS):
This procedure aims to reduce bureaucracy and accelerate the installation of photovoltaic systems by lowering the time and costs required to obtain the necessary authorizations. Within thirty days of submitting the complete documentation, the Municipality issues the authorization for the construction and operation of the plant. The PAS applies to projects not subject to environmental assessments.

Single Authorization (AU):
This is the standard procedure for authorizing electricity production plants from renewable sources (FER). The authorization is issued at the end of a unified process carried out within the framework of the Conference of Services, involving all relevant authorities. The responsibility lies with the Regions or delegated Provinces, with a processing time of approximately six months for authorization issuance.

Application Criteria for Procedures:

Based on land classification and the power capacity of the photovoltaic system, the Renewable Energy Consolidated Act (FER) determines the applicable administrative regime:

Type of Area	Administrative Regimes
	Free Activity	PAS	AU
Quarry no longer suitable for further exploitation Landfill Industrial, artisanal, and commercial land	< 5 MWp	Between  5 MWp             and 15 MWp	> 15 MWp
Areas classified as suitable under Article 20 of Legislative Decree 199/2021	–	< 10 MWp	> 10 MWp
Water surfaces of reservoirs and basins	–	< 10 MWp	> 10 MWp
Agrivoltaic systems allowing continuity of agricultural and pastoral activities	< 5 MWp	–	> 5 MWp

 

Conclusion

The Renewable Energy Consolidated Act represents a significant step towards Italy’s energy transition, providing a clear regulatory framework and simplified procedures for installing ground-mounted photovoltaic systems. This reform encourages the adoption of renewable energy, contributing to environmental sustainability and reducing greenhouse gas emissions.