Judgment no. 29344 of 2024: Landscape Offences and Building Permits

Judgment no. 29344 of March 21, 2024, issued by the Court of Cassation, addresses a crucial issue in the field of landscape law, highlighting the relationship between building permits and the safeguard measures provided for in landscape plans. This decision is part of a complex regulatory framework, where the protection of the environment and landscape is of fundamental importance.

Regulatory Context

Legislative Decree of January 22, 2004, no. 42, known as the Code of Cultural Heritage and Landscape, establishes the methods for protecting landscape areas. According to Article 143, paragraph 9, a building permit is required for any intervention that may violate safeguard rules, even if the landscape plan has only been adopted and not yet approved. This principle has been confirmed by the Constitutional Court on several occasions.

Landscape offences - Interventions contrary to safeguard rules contained in a landscape plan already adopted but not yet approved - Building permit - Necessity - Reasons. In terms of landscape, building, and seismic offences, the construction of buildings that contravene the foreseen safeguard measures in a landscape plan that has already been adopted but not yet approved is subject to the issuance of a building permit and not to the submission of a SCIA (Certified Notification of Start of Activity), given that the 'ratio' behind these measures lies in the need to anticipate protection to a moment prior to the definitive adoption of the plan itself, thus precluding any intervention that conflicts with it.

Implications of the Judgment

The Court reiterated that any building intervention in areas subject to a landscape plan must follow a rigorous authorization process. The decision to partially annul the judgment of the Court of Appeal of Taranto of March 15, 2023, underscores the need to ensure adequate environmental protection, even in the preliminary phase. The reasons for this choice lie in the desire to prevent irreparable damage to the landscape, which could result from unauthorized interventions.

• Relevance of landscape protection.
• Necessity of permits for works in sensitive areas.
• Prevention of building and landscape offences.

Conclusions

Judgment no. 29344 of 2024 represents an important clarification in the field of landscape law, highlighting the importance of complying with current regulations for the safeguarding of environmental heritage. It is essential that professionals in the construction sector and citizens understand the importance of obtaining the necessary building permits to avoid sanctions and protect our natural heritage. Landscape preservation is not just a legal matter, but a collective duty to ensure a sustainable future.