Permits for tensile structures: legal distances and authorizations

In AmarantoIdea we build tensile structures from over 20 years and even today one of the questions our customers ask us most often is: Are permits needed to build a tensile structure? The topic has been debated for a long time, and it can be difficult to navigate the new and old regulations. The risk is creating a non-compliant structure and incurring unpleasant legal disputes.

Don't worry, let's see together how to orient ourselves among permission to build ed free construction.

Permits for tensile structures: the regulatory framework

To clear up your doubts right away, yes, in most cases, a building permit is required to build tensile structures. But not in all of them. 

With the Decree of the Ministry of Infrastructure and Transport of 2 March 2018 it seemed that the tensile structures had to belong to the so-called free construction. We're talking about projects that can be carried out without any special permit, provided they comply with municipal planning regulations and all relevant industry regulations.

Among the various free-standing structures, tents, pergola awnings, and pergola-style awnings are also included. But do these include tensile structures?

The matter was so unclear that after a series of appeals the Court decided to intervene. Court of Cassation that with ruling no. 38473 of 17 September 2019 rejected an appeal against a court decision that had established the responsibility for violation of building regulations by a private citizen who had built and installed a tensile structure without a building permit.

So? Is it always necessary to request permits to build a tensile structure? Yes, if the installation is considered permanent bases or it remains in existence for a period greater than 90 days.

Tensile structures without permits: free construction

A building permit is required in all situations where a tensile structure will remain standing for more than 90 days. The tensile structure without a permit is compliant if it falls within free construction, therefore, only when it has to satisfy temporary needs.

And the material doesn't matter at all! 

Let's take an example: if you buy from AmarantoIdea a aluminum tensile structure with a plug & play PVC cover – therefore mobile and removable in a very short time – but you use it throughout the winter period in your company as industrial tensile structure – so about 5 months – you will still have to apply for a building permit. 

Crazy? The rules are clear, and we have no intention of causing you any unpleasant surprises (perhaps from a competitor calling you!).

Documents to be provided for the construction of temporary sheds

The only documents you will need to provide, even in the case of temporary structures that fall under free construction, are:

• la SHAH, Certified Report of Start of Activity, required to begin work. This is a declaration from the entrepreneur that allows them to begin work, modify, or cease their activity. This must be submitted to the municipal administration. will check the documents within 60 days possibly requesting further checks;
• La technical reportIn this case we are talking about an actual report of the work to be done.

As is obvious from what has been said above, if we talk about structures for events or parties, there will be no permits to request other than those for occupation of public land.

Tensile structures and landscape constraints: a crucial issue

Another issue that cannot be overlooked when we talk about authorisations for tensile structures is that of the landscape constraintsWe report the case of an appellant, sentenced to 11 days of arrest and a €21.000 fine for having placed two umbrella-shaped tensile structures, closed on all sides, in an area subject to landscape restrictions. 

Here too, the Court of Cassation with the sentence No. 46594 of October 11, 2017, confirmed the Court's decision. Fixed tensile structures are considered new constructions and as such are subject to landscape restrictions. Therefore, in this case, it is necessary to request an additional environmental permit.

So be careful: if you need to make industrial tensile structures for more than 90 days and your area is subject to landscape restrictions, you will have to request it.

But what if the tensile structure is not fixed to the ground?

In reality, as we have anticipated, it makes no difference in the eyes of the law. The main criterion is the temporariness Construction. A building permit is required for a tent structure even if it is objectively made of lightweight, easily removable materials and is not fixed to the ground in any way, if the tent structure will be used for more than 90 days.

Tensile structure and legal distances

The tensile structure must respect the legal distances from borders and from windows of other properties? The answer it seems to be yes, although the ball is now in the court of the municipal administration and urban planning, given the open-ended nature of the law. The starting point is always the same: if the tensile structure is used for more than 90 days, a building permit is required, and as a new construction, it must comply with all the constraints, including 10m away from the window walls of neighboring buildings.

Let's say the issue is complex because something could change if the tensile structure is not closed on all sides, if it remains open for most of the day, and if it lasts less than 90 days.

However, it is always advisable to refer to the urban planning office of your municipality.

Summary of permits for tensile structures: between the Supreme Court, landscape constraints, and legal distances.

Confused by the topic? A quick summary will help you understand:

• Le mobile tensile structures whose purpose is to be used for less than 90 days fall within thefree construction and can be made without permission.
• Le fixed tensile structures or with use greater than 90 days they are included in new constructions and require the permission to build.
• It is necessary to pay attention to any landscape constraints and request environmental authorization, under penalty of serious sanctions, including criminal penalties.
• Le legal distances Fixed tensile structures must always respect the boundaries, while for those used temporarily the rule becomes more complex; it is always best to ask your local municipality for information.
• Also read: ELECTRIC RETRACTABLE WAREHOUSES WITHOUT PERMITS

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