CAN I PUT A CURTAIN ON THE BALCONY?

Often I am asked whether it is possible to “close off” the balcony of a house with a curtain or similar, in order to make better use of it.

Many websites strongly promote these products, claiming that they can be freely installed, but is this really the case? A recent decision by the Court of Cassation suggests that the legal classification of external structures, such as “pergotenda” awnings, is a highly topical and complex issue in building law, lying on the dividing line between free building activity and interventions that require a building permit.

The recent “Decreto Salva Casa” (Decree to Save Homes) (Decree Law No. 69/2024) attempted to clarify the issue, but, as highlighted by case law, the distinction remains case-by-case and fraught with pitfalls, with a real risk of criminal liability.

The ruling of the Court of Cassation No. 29638/2025 offers an important interpretation of the matter. In the case in question, the judges upheld the conviction for building abuse against a person who had installed a structure that he considered to be a simple “pergola”. The Court, while analysing the new and more favourable regulations introduced by Presidential Decree no. 380, reiterated a fundamental principle:

the work falls within the scope of free construction only if it does not result in “the creation of a permanently enclosed space, with a consequent change in volume and surface area”.

In the case examined, the structure, due to its size, the closure of two sides and the creation of a new habitable volume, was considered an urban transformation project, requiring a building permit, and not a mere sun protection work.

In conclusion, this case demonstrates how, despite regulatory simplifications, the line between lawful construction and building abuse can be extremely blurred.

Before making any decision, even one that seems harmless in order to improve the usability of your outdoor spaces, it is always best to consult a competent solicitor to avoid unpleasant legal consequences and turning your dream of relaxation into a bureaucratic nightmare.

last update October 2025