Legal frame
Governing: Codice arts 2 and 3; D.M. 146/2008 arts 78–89-ter; L. 172/2003 art. 3; D.M. 95/2005; L. 70/2026. Builds on: L1.2.
Size words you will hear
| Term | Meaning (Codice art. 3) |
|---|---|
| Natante | Up to 10 m |
| Imbarcazione | Over 10 m and up to 24 m |
| Nave da diporto | Over 24 m; "minore" up to 500 GT, "maggiore" above |
Route 1: pleasure unit annotated for commercial use
Art. 2(1) lists the commercial uses of a pleasure unit: locazione and noleggio (hire and charter), professional boating teaching, dive support, mooring assistance, towing and assistance, and mobile food and retail. For imbarcazioni and navi, the use is annotated in the ATCN (the central digital register) through a STED (online boat-registration desk). The operator must be registered with the Chamber of Commerce for that activity, and the annotation appears on the navigation licence.
2026 changes (L. 70/2026, in force 10 May 2026):
- art. 2(2-ter): a private owner may lease the unit to a charter company for specified periods of the year; the company makes the annotation;
- art. 2(4): units annotated for locazione or noleggio "non possono essere utilizzate per attività non commerciale". The owner's private cruise on a charter-annotated yacht is no longer allowed.
Safety. Charter units carrying up to 12 passengers (crew excluded; a child under one does not count) need the certificato di idoneità al noleggio (D.M. 146 art. 78), issued on a fitness declaration from a notified or authorised body (for hulls over 24 m, an authorised recognised organisation only). It is renewed every 3 years (art. 83), with an initial survey including a dry inspection and periodic surveys at expiry. Above 12 passengers the national passenger-ship rules or SOLAS apply (art. 78(2)).
Route 2: charter-only ships in the Registro Internazionale
L. 172/2003 art. 3 allows ships over 24 m used exclusively for charter in international navigation to enter the Registro Internazionale. They:
- carry no more than 12 passengers;
- hold a class certificate;
- follow D.M. 95/2005, which covers units up to 1,000 GT;
- are crewed "di norma" by the master plus two Italian or EU nationals (the master may add others).
D.M. 95/2005 in brief:
- Navigation types: unrestricted international, or short-range international within 60 nm of refuge ports (90 nm if authorised).
- Conventions: SOLAS, MARPOL and Load Line as adapted; ISM and ISPS from 500 GT.
- Manning: IMO A.890(21) principles.
- Surveys: annual renewal survey; safety certificate for at most 12 months, extendable by one month.
More than 12 guests?
D.M. 133/2024 inserted art. 89-ter in D.M. 146, creating an Italian Passenger Yacht Code for charter navi and RI ships carrying more than 12 and up to 36 passengers on international voyages. Its approving decree was due within six months; it had not been found by September 2026. The same is true of the ordered update of D.M. 95/2005 (art. 89-bis).
CAUTION — The 12-passenger ceiling is real Until the Passenger Yacht Code is in force, a 13th guest takes an Italian-flag yacht out of both yacht regimes. Check any sales pitch that says otherwise.
For how other flags handle this, compare Chartering in French Waters and the Spain charter-compliance course.