Authorisations for Commercial Activities

Assets redeveloped as commercial establishments require a commercial license. In order to obtain such a license, the investor must meet specific personal and “moral” requirements (no convictions for certain types of crime regarded as burdensome by the legislator) and, only if the provision of food and beverages is envisaged, also specific “professional” requirements (e.g. attending and completing a professional course for the administration, preparation and handling of food and beverages).

In relation to small sales structures, the investor must submit a certified notification (in which the applicant declares that the activity is going to start) to the Municipality in which the property is located, stating that:

  • he/she holds the moral and professional requirements;
  • he/she comply with police, food and health regulations, building rules and urban planning regulations concerning the use of the asset;
  • the market sector(s), the location and the commercial activity’s sales area.

In relation to medium sales structures, the investor must submit a request for commercial authorisation (generally to the SUAP of the Municipality in which the property is located), stating that:

  • he/she holds the moral and professional requirements;
  • the market sector(s), the location and the commercial activity’s sales area.

Every specific case could entail different modalities and times for the issuing of the license. According to the national law and based on Regional provisions (based on business organisations rules and consumers rights), each Municipality has the right to adopt its own criteria for releasing licenses for medium sales structures. The Municipality, however, is obliged to determine a date (lower than 90 days from the submission of the request) in which all requests must be considered approved if no refusal to grant the authorisation is communicated.

In relation to big sales structures, the investor shall submit the same request presented for medium sales structures, pursuant to Art. 14 et seq., Law no. 241 of 07/08/1990. The competent Region adopts rules on the procedure regarding authorisation requests for big sales structures and determines a date (not superior to 120 days from the date of convention of the services conference) in which all requests must be considered approved if no refusal to grant the authorisation is communicated.

Some Regions adopts streamlined procedures connecting the procedure for the issuing of the commercial authorisation with the procedure for building permits.

For further details on the types of commercial activity, the requested documents and the times, please see the following table.

Timing

Times are shown in the table above as depending on the type of project to be carried out and on the market sector.

 

Costs

The private investor shall pay all the costs related to the collection of any document needed for the submission of the certified notification (Commercial SCIA) stating the beginning of the activity, including the secretariat/appraisal costs required by each Municipality. It is noted that some Regions have adopted streamlined procedures connecting the procedure for the issuing of the commercial license and the procedure for building permits, so it may be needed to fit some urban standards (or monetize them if not available).

Ultima modifica: March 12, 2018