The Sicilian Tar has come to these conclusions with the judgment 3166/2022.
The pronouncement comes two years after another sentence, always concerning Sicily, which established that verandas and canopies can be built without any authorizationbut only if certain materials are used.
Both the most recent ruling and the one from two years ago are based on the Regional Law 4/2003which contains provisions for the closure of verandas and balconies.
Veranda, the caseThe judges ruled on the appeal against the demolition order of a side veranda, not in front, enclosed by a concrete wall and window frames.
Those responsible for the intervention claim to have filed a communication with the Municipality before the start of the works and to have therefore acted in accordance with the provisions of Regional Law 4/2003.
Veranda, when you don’t need a building permitThe judges explained that, on the basis of Regional Law 4/2003, “they are not subject to concessions and/or authorizations nor are they considered an increase in the usable area or volume or modification of the shape of the building closure of terraces connection or of terraces not exceeding 50 square meters and/or the covering of internal spaces with precarious structures, without prejudice to the prior acquisition of the authorization by the Superintendence of cultural and environmental heritage in the case of buildings subject to restrictions”.
In these cases, again according to Regional Law 4/2003, together with the start of the works, the owner of the real estate unit must submit a relation signed by a professional authorized to design, who certifies the works to be carried out and compliance with the safety and urban planning regulations, as well as the hygienic-sanitary regulations in force.
In addition to the report, the regional law provides for the payment of an amount equal to 50 euros for each square meter subjected to closure with a precarious structure.
The law specifies that the provisions also apply to closure of verandas or balconies with precarious structures. In this case, a contribution of 25 euros must be paid for each square meter subjected to closure with a precarious structure.
The judges have illustrated that, according to the regional law, these works are assimilated to internal works. These works, which do not determine urban planning burden, alteration of volumes and surfaces and elevations, nor the creation of a different building organism, do not require any qualification, other than the technical report and the payment of the charges.
Since the inspections revealed that the veranda is anchored to the windowsill with an easily removable system, that it occupies an area of 5.39 square meters and that it was built in compliance with safety, urban planning and sanitation regulations, the judges they canceled the demolition order.
Source: Le ultime news dal mondo dell'edilizia by www.edilportale.com.
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