Building amnesty: how to obtain the amnesty

Building amnesty: when and how to obtain the amnesty, the case study

When it comes to building amnesty, the Law requires that in order to obtain the sanatoriums, it is necessary to complete the illegal construction in question within the deadlines indicated by the law.

But, more specifically, when can a construction be defined as completed?

The judgment 33083/2021 issued by Court of Cassation clarifies any doubts in this regard. In this sentence, the Judges have in fact explained what are all the conditions to avoid the demolition of the building.

The specific case submitted to the Judges concerned the construction of a abusive property.
The manager had requested – and obtained – the building amnesty in order to avoid the demolition. However, the Court of Appeal found this amnesty not legitimate since the remedied works had not been completed by 31 December 1993, or the deadline for taking advantage of the second building amnesty, as provided for by Law 724/1994.

According to what was expressed by the Court of Appeal, it follows that regardless of the volume achieved without any permit, the volume could not be accepted in the administrative office.

In more recent times, he has faced the same question there Cassation, coming to very different conclusions.
According to the judges of the Cassation, in fact, the Court of Appeal has reached an incorrect conclusion. This happened because it started from the assumption that a construction can be considered completed only when all the construction works – including the external finishing – are completed. The structure in question, however, appeared unfinished.

The Supreme Court instead believes that to obtain the amnesty it is sufficient that the coverage and the collision from the perimeter walls. It is therefore not necessary that the finishes have also been made.

Furthermore, the Supreme Court also added that the Court of Appeal had not taken into consideration the minutes of the inspection, which clearly showed that the building was already equipped with the essential structures, including roofing, services and perimeter walls.

Based on the reasons set out above, the Supreme Court therefore has accepted the appeal of the person responsible for the abuse and canceled the demolition order.

Source: by

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