Mezzanine, the caseThe judges ruled on the appeal against the ordinance with which the Municipality imposed the removal of a mezzanine of iron and wooden plywood panels, made inside a garage.
The mezzanine measures almost 27 square meters and occupies almost the entirety of the garage. The height measured between the flooring of the mezzanine and the intrados of the garage roof is approximately 1.96 meters. The mezzanine can be reached by means of an iron ladder with wooden treads placed on the side adhering to the wall.
According to those in charge, the mezzanine it does not affect the urban load and for its construction the building permit was not required, but the Dia (now Scia).
Mezzanine, Scia or building permit?The judges agreed with the person responsible for the intervention, explaining that the construction of a mezzanine constitutes an intervention whose consistency must be appreciated on a case-by-case basis. It will be attributable to the scope of the building renovation, if it is suitable to generate a greater urban load while, in the event that the works are such as to involve an accessory area, not usable for the stay of people, it can be considered a minor intervention.
The characteristics of the mezzanine in question led the TAR to conclude that the artifact, built inside a garage, has no significant dimensions, is not suitable for hosting the stay of people or for altering the state of the places and it does not increase the urban load of the property.
The judges stated that an artifact with these characteristics can be made with Dia / Scia and that the lack of such notification is not punishable by demolition.
Source: Le ultime news dal mondo dell'edilizia by www.edilportale.com.
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