Judgment No. 14631 of 2024 and the Partial Review of Building Offenses

In the recent Judgment No. 14631 of 2024, issued by the Court of Cassation, a highly relevant issue in the field of building law is addressed: the possibility of requesting a partial review of a conviction related to portions of an illegally constructed property. The Court, with a strict interpretation of current regulations, has reiterated that partial review of a conviction is not permitted, establishing a fundamental principle for cases of building violations.

Context of the Judgment

The central issue of the judgment concerns the request for partial review of the conviction by F. P., accused of carrying out building works without a permit. The Court excluded the possibility of a review limited to portions of the property, arguing that the building offense is singular and indivisible. This position was supported in light of previous case law and current regulations, which require an overall view of the property subject to conviction.

Building offenses - Partial review of conviction relating to portions of illegally constructed property - Admissibility - Exclusion - Reasons - Case facts. In the context of building offenses, partial review of a conviction, understood as relating to only some portions of the illegally constructed property, is not permitted, as the committed offense is singular. (Case facts where the Court, faced with the alleged condonability of a mere fraction of the building, assertedly completed by March 31, 2003, excluded the applicability of this extraordinary remedy on the grounds of the subsequent illegal construction of further works and the necessary applicability of the regularization to the property in its entirety).

Legal Implications

The decision of the Court of Cassation has several significant legal implications:

• Singularity of the Offense: The Court reiterated that a partial review cannot be accepted, as a building offense is considered a singular offense.
• Condonability: The issue of condonability of building works is complex and must be assessed in relation to the entire property, rather than individual portions.
• Established Case Law: The judgment is part of a line of case law that aims to protect the territory and ensure compliance with building regulations.

Conclusions

In conclusion, Judgment No. 14631 of 2024 represents an important reference for the regulation of building offenses and for the management of review requests. The Court of Cassation has clarified that violations in building matters cannot be fragmented and that any review request must take into account the entire regulatory and jurisprudential context. This position is crucial for ensuring the correct application of laws and for protecting the integrity of the built heritage and the territory.