New rules for land rights contracts for renewable installations: the clarifications of the TaxAgency

The Tax Agency, with Resolution n. 4/2025, has provided important clarifications regarding the duration and transcription of the contracts for the concession of the right of surface on

land intended for the installation of renewable energy systems.

The intervention of the Agency is part of the regulatory framework introduced by Art. 5, comma 2-bis of D.L. 63/2024 (converted into L. 101/2024), which establishes a minimum duration of six years for these contracts, with automatic renewal for a further six years. This provision also applies to contracts already in existence, unless the parties agree otherwise or exercise their right of withdrawal within 60 days after the entry into force of the conversion law.

Interpretative doubts and answers of the Agency

Two main questions addressed to the Tax Agency:

1. Is it possible to transcribe preliminary contracts for land rights for renewable installations and how long is this valid?

• The Agency clarifies that the legislation does not introduce exceptions to the general framework provided for by Art. 2645 bis of the Civil Code. As a result, preliminary contracts for the granting of land rights may be transcribed, but the effects of the transcription may not exceed three years, unless a final contract is concluded within this period.

• This means that, although the contract must last at least six years, the transcription does not automatically extend its effectiveness for the entire contractual term, but remains subject to the limits provided by civil law.

2. Should automatic extensions of existing contracts be recorded in the real estate registers?

• The Agency specifies that no additional formality is required in the real estate registers for the validity of automatic extension of contracts not yet expired.

• The 2024 rule, in fact, does not introduce a specific regulation on legal publicity of real

estate extensions. Therefore, the extension of the contractual term operates automatically,

without the need for a formal act that makes it enforceable against third parties.

Implications for real estate and renewable energy

These clarifications are of particular importance for operators in the real estate and renewable energy sectors, as they provide certainty on the transcription and third-party enforceability of building rights contracts.

Whereas the introduction of a minimum duration and automatic renewal strengthen contractual stability for investors and renewable plant owners, On the other hand, limitations on transcription could create some uncertainty about the protection of vested rights, especially in the case of transfers or changes to contracts.

It is therefore a subject of great interest for notaries, lawyers and professionals in the field, who will have to carefully assess the effects of the legislation and resolution on the management of contracts and the protection of real estate rights.