The Consolidated Law on Renewable Sources (“TU FER”): an important reform of the Italian Energy Sector

Why is the TU FER an important reform for the development of the renewable energy sector in Italy?

What are, in concrete terms, the main innovations introduced by the TU FER?

• Reduction and Simplification of Administrative Regimes: The decree reduces from four to three the administrative regimes required for the construction of FER plants:
  
  i) Free Activity: For the low impact interventions listed in Annex A, such as integrated photovoltaic plants on existing buildings up to 12 MW and agrivoltaic plants below 5 MW, no specific permits or authorisations are required. However, where landscape, cultural or environmental constraints exist, the free activity regime does not apply. In these cases, a mandatory (but non-binding) opinion from the competent authority must be obtained within 30 days.
  
  ii) Procedura Abilitativa Semplificata (PAS): This applies to medium complexity interventions listed in Annex B, such as plants with a capacity between 5 MW and 10 MW or repowering and revamping interventions on existing plants. The PAS requires the submission of a project and a set of documents, including the declaration of land availability and the asseveration of qualified technicians. The procedure ends with a tacit decision of consent, unless a refusal is communicated within the deadline (from 30 to 75 days).
  
  iii) Single Authorisation (AU): Concerns the more complex interventions listed in Annex C, such as plants with a capacity exceeding 10 MW, projects in areas with significant constraints and offshore plants. The procedure involves the convening of a services conference and the granting of a single authorisation, including all permits, along with the environmental impact assessment (VIA) if required. The maximum time limit for concluding the procedure varies from 175 to 420 days, depending on the projects’ complexity.
• Introduction of Acceleration Zones: The TU FER provides for the establishment of 'acceleration zones' for the construction of FER plants. These are areas, identified by the Energy Services Manager 'GSE' by 21 May 2025 and subsequently defined by the Regions by 21 February 2026, with priority given to areas that are already anthropized or suitable for the development of renewable plants, such as disused industrial sites, car parks, built-up areas and degraded land. In the acceleration zones, authorisation procedures will be further simplified, with reduced timeframes and non-binding opinions for landscape constraints.
• Digitisation of Procedures: The TU FER introduces the obligation to use the SUER (Sportello Unico Energie Rinnovabili) digital platform for the management of all authorisation procedures. Once, fully operational the platform will allow for the submission of applications, the uploading of documents, the monitoring of the progress of dossiers, and access to a support service, ensuring greater transparency, efficiency and simplification.

Is there a transitional regime?

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