There is a constant increase in food service activities that use dehors, that is, structures outside the premises that allow the use of the surrounding area, the creation of which requires the managers to obtain prior permits and authorizations.
Some rules and regulations vary from municipality to municipality, for example in terms of aesthetics, functionality or landscape, but there are common disciplines that must be respected.
In particular, to install an outdoor area, it is necessary to submit a request to the Municipality in advance for occupation of public land, attaching a plan, indicating the space that will be occupied by the structure and the period of use, specifying whether seasonal, for which authorization will be sufficient, or for the entire year, for which a concession will be required, since the structure is considered an integral element of the surface area of the premises.
It is also necessary to indicate the characteristics of the structure, i.e. whether it is removable or whether it is permanently anchored to the ground, on a platform or directly to the ground.
This is because in the case of a permanent outdoor area, anyone intending to install it must first obtain a building permit, as the structure is considered a new construction suitable for determining a significant and long-lasting urban and building transformation of the place where it is installed (however, according to the prevailing jurisprudence, a building permit is also necessary if the installation is precarious if intended for prolonged use.
The fact remains that the aforementioned permit is essential when the outdoor area is entirely closed, as it is suitable for determining an increase in the usable surface area available to the premises (as demonstrated by the fact that they are often equipped with heating or air conditioning, lights, stereo systems, etc.).
We must not forget the transitional provisions on this matter introduced during the pandemic.
In fact, to reduce the impact of health restrictions and to allow the reorganization of the activity of bars and restaurants, through the use of outdoor spaces, the Relaunch Decree and the subsequent Aid and Milleproroghe Decrees have temporarily allowed the installation of outdoor seating, street furniture, equipment, platforms, tables, seats and umbrellas on streets, squares, roads and other open spaces of cultural or landscape interest, without the need to request the authorization provided for by articles 21 and 146 of the Cultural Heritage and Landscape Code, therefore without a permit. provided that they are intended to be immediately removed when the temporary need ceases and, in any case, within a period not exceeding one hundred and eighty days including the times for setting up and dismantling the structure, following notification of the start of the works to the municipal administration.
The duration of the simplified regime for outdoor seating and tables, originally conceived as a temporary measure adopted as an emergency response to the health and economic crisis caused by Covid-19, in the following years they have been subject to various extensions, the latest of which extended their validity until 31 December 2025 .
The latter extension, bound by the 2024 Competition Bill (approved with law 193/2024 and in force from 19 December 2024), to the introduction of a legislative decree aimed at standardising, liberalising and simplifying, at a national level, the building procedures for the installation of such artefacts.
Author: Alessandro Klun
(@acenacondiritto)
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