We have recently written about the construction-urban planning qualification of canopies, especially those of significant dimensions, specifying how the Consolidated Building Act (and administrative jurisprudence) include them in the interventions requiring a building permit to be carried out, but there are cases where for which the SCIA – certified notification of commencement of activity may be sufficient.
An example is contained in the recent sentence 879/2024 of 23 April of the Salerno Regional Administrative Court, which finds itself having to resolve a question relating to the appeal against a municipal ordinance for the restoration of the state of the places, through the demolition of a 17 m2 shed attached to a building, duly constructed.
Authorizations to build a shed and avoid building abuse: the relevant size requires a building permit
The canopies are building works attributable to interventions for which no building permit would be required only where they are of small and modest dimensions.
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The shed of discord
In detail, it is one 17 square meter shed open on three sideswith a single sloping wooden pitch roof, with an overlying covering of tarred sheets, having a height of 2 meters at the ridge, resting on a concrete screed and three perimeter walls with a maximum height of 1 m, which is attached to a regularly constructed building .
According to the private appellant, these would be pertinent works from an urban planning point of view, which do not affect the layout of the territory from a landscape point of view.
Shed on the roof slab: when it can be built in free construction
A modestly sized shed, which acts as a shelter for the access staircase between the different levels of the roof and does not even partially transform the building to which it is attached, does not require a building permit as it does not constitute a building renovation.
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Canopy open on three sides: the SCIA is enough. Here because
For the TAR, the appeal is based on the precedent established by sentence 976/2019, which stated that:
- «there the creation of a canopy open on all sides constitutes a building renovation intervention that does not create volume or affect the elevations and therefore falls within the discipline of the certified notification of the start of activity, with consequent application, in case of violation of the art. 22 of Presidential Decree 380/2001, of the pecuniary sanction provided for by the art. 37, equal to double the increase in the market value of the property resulting from the implementation of the interventions themselves. In this case, dthe most serious demolition sanction should therefore be considered illegitimate, foreseen by the art. 33 and reserved for interventions with the most significant urban planning impact that are not absent or carried out in total non-conformity” (TAR Calabria – Catanzaro, Section I, 03/23/2018, n. 729);
- “A canopy, due to the morphological characteristics of its construction and functional purpose – as an iron structure open on the sides, covered with corrugations, merely instrumental to the factory, of adequate dimensions to fulfill the production purposes, without increasing the urban load – can be traced back to the notion of urban planning relevance, ordinarily removed from the regime of the building permit concession” (Council of State, Section VI, 13/12/2017, n. 5867);
- “In urban planning matters, the prerequisite for the existence of a building volume is constituted by construction of at least one base plane and two contiguous vertical surfaces deficient assumption when the construction consists of a wooden shed open on three sides, falling, rather, within the concept of appurtenant good, i.e. a structure serving anothersubtracted, as such, from the calculation of the urban planning load” (TAR Sardinia, Section II, 16/01/2015, n. 183);
- “For the building a shed open on three sides does not, in principle, require a building permitthe presentation of one being sufficient notification of commencement of activity given that the canopies open on three sides and attached to a main building, if of dimensions and construction characteristics not particularly impacting, constitute appurtenances of the building to which they access” (TAR Umbria, Section I, 01/29/2014, n. 82 )».
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