Can the chimney be considered a building abuse?

Is the installation of a flue considered a building abuse?

The administrative judge gives his opinion on the installation of one flue whether or not to be considered a work of free building.

On the question of whether the installation of a chimney is configured as a hypothesis of Building abuse or work of free building, intervened on Basilicata Regional Administrative Court, with sentence number 589/2021.

In the present case, an appeal had been lodged concerning the request for annulment of a’order municipal, concerning the demolition of some illegal buildings and the partial building permit following the SCIA in amnesty, filed under the demolition order.

Between building works abusive disputed were the installation of a flue and the presence of two plexiglass canopies. Again, the common, together with the demolition of the artifacts, had requested the return of contributions provided pursuant to law number 219/1981 (Law referring to further interventions in favor of the populations affected by the earthquakes of November 1980 and February 1981).

The Regional Administrative Court (TAR) specified that the flue represents a technical volume and, therefore, a work deprives of autonomous urban-functional relevance.

Therefore, for its realization it is not necessary the permission to build and is not subject to the sanction of demolition, unless it is the work of clear evidence with respect to the construction and shape of the building. In this case, however, only the building permit is required.

The administrative judge also stated that not even the denial of amnesty of the two tettorie in plexiglass is well founded, since the qualification of these works by the Municipal Administration as superfetations is generic and does not indicate the actual reasons which, in absence of constraints (landscape or other nature), hinder its amnesty, furthermore lacking a specific analysis useful for identifying the building title to be requested for any subsequent compliance.

In conclusion, the appeal proposed was accepted, confirming that the flue is part of free construction activities and does not require a building permit if it is not a work of clear evidence with respect to the silhouette of the building, while with respect to the issue of canopies there is no specific qualification of the works useful for understanding the typology of Building abuse carried out.

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