Padel courts, is a building permit required?

"The construction of a padel court does not fall among free building interventions and requires a building permit, since it implies a permanent modification of the territory related to the use of concrete for the installation of the four boundary walls."

This is what was established by the Sardinia Regional Administrative Court, Sec. II in ruling No. 462 of June 26, 2023. The court ruled on the appeal brought by an amateur association that had been denied the possibility of building three padel courts, given the incompatibility between the sports destination and the productive investment plan applicable to the area in which the courts were to be built, since it only allowed the construction of buildings with an industrial and artisanal vocation.

Using the abovementioned ruling as a starting point, we have an opportunity to discuss the topic of building permits and the recent orientations of administrative justice over the issue of what is called "free construction," i.e., that building sector in which it is not necessary, in order to proceed with the elevation or modification of permanent or semi-permanent structures, to receive or notify the administration of any kind of measure.

In fact, while it is true that the Decree of the Ministry of Infrastructure and Transport of 2 March 2018 “Approval of the glossary containing the non-exhaustive list of the building works that can be carried out under the regime of free building activities” offers a series of examples of interventions that can be carried out without the need to submit any type of communication to the administration (e.g. tinwork, false ceilings, or greenhouses), it is also true that since it is a non-exhaustive list, it was the case law that drew the limits of its application. According to the appellant company, the construction of padel courts would fall within the discipline of free building works, as the activity would consist in the “creation of areas intended for sports activities without the creation of volume.”

To begin with, the applicant's pleas are based on the argument that no authorisation is required for the construction of certain sports facilities (football pitches or tennis courts, not mentioned in the abovementioned decree) because their construction involves only the levelling of the ground, incapable of changing its characteristics, without the use of artificial building materials. However, the appellant's view is inaccurate, since case-law does not equate the construction of padel courts, due to their characteristics, with the construction of tennis courts or football pitches. In fact, the court, in the wake of numerous rulings (ex multis, T.A.R. Lecce, Sez. III, 20 February 2023, no. 254 and T.A.R. Palermo, Sez. II, 8 October 2021, no. 3232) observed that the construction of a padel courts could not be considered among the free building interventions pursuant to Ministerial Decree 2018 (and therefore it requires a building permit), since its construction would imply a permanent modification of the territory linked to "the use of concrete for the installation of the four boundary walls", unlike what would happen, the court pointed out, for example, for football or tennis courts, which only involve the levelling of the ground without changing its peculiarities, without the use of artificial construction materials.

The assize's conclusions appear to be in line with the prevailing orientation, given that the distinction between free building and non-free building activities is constituted by the "transformation of the land and soil involving fences, plinths, lighting systems or in any case alterations to the use of the area concerned", (T.A.R. Lazio Roma, II sez., Sent.14/04/2023, no. 6425, see also TAR Lazio, Roma, sez. II bis, 21 March 2023 no. 4912 and 28 November 2022, no. 15873); and that padel, due to the characteristics of the game, necessarily needs four side walls, which therefore require support in masonry or in any case in hard/semi-permanent work.

Ultimately, given the position of jurisprudence on the subject, which appears to be firm in excluding the construction of padel courts from discipline set forth in the Ministerial Decree of 2 March 2018 (although the decree itself includes the construction of tennis courts, under the conditions mentioned above), it appears clear that sports centres need to pay due attention to the aforementioned regulations, even before committing themselves to construction work.

Dott. Andrea Spinella

_______________________

Image by Pixabay