Analysis of Judgment no. 17418 of 2023: Demolition Order and Automatic Acquisition by Municipal Property

The recent Judgment no. 17418 of April 4, 2023, issued by the Court of Cassation, has raised important issues regarding non-compliance with demolition orders in the context of illegal construction. In particular, the Court confirmed that failure to execute such orders within the established ninety-day period leads to the automatic acquisition of the illegal work and the relevant area by municipal property, without the need for further notification.

The Regulatory Framework

The judgment is part of a regulatory framework already clarified by Presidential Decree no. 380 of June 6, 2001, which governs construction in Italy. In particular, Article 31 provides that, in cases of illegal construction, the administrative authority may issue a demolition order. The judgment reiterates this principle, highlighting how the commencement of the deadlines for the execution of the order is essential for the protection of the territory and urban planning.

The Ruling of the Judgment

Demolition order - Non-compliance - Expiry of the 90-day period - Automatic free acquisition of the work and the area to municipal property - Notification of the ascertainment of such non-compliance - Necessity - Exclusion - Reasons. Unjustified non-compliance with the order to demolish the illegal work and to restore the premises to their original state within ninety days of the notification of the demolition injunction issued by the administrative authority determines the automatic free acquisition of the work and the relevant area to municipal property, regardless of the notification to the interested party of the formal ascertainment of non-compliance.

This ruling emphasizes a crucial aspect: non-compliance with the demolition order produces immediate and automatic effects. It is not necessary for the municipal authority to further notify the ascertainment of such non-compliance. This provision aims to ensure a rapid resolution of illegal construction situations, protecting public property and the urban planning of cities.

Practical Implications and Conclusions

The implications of this judgment are manifold. First and foremost, it places a strong emphasis on the responsibility of owners of illegally built properties, who must act promptly to comply with demolition orders. Otherwise, they face not only the loss of their property but also the possibility of it being acquired by the municipality without compensation.

• Clarity in demolition procedures
• Strengthening of regulations against illegal construction
• Protection of public property

In conclusion, Judgment no. 17418 of 2023 represents an important step towards greater effectiveness in the fight against illegal construction. It is essential for citizens to understand the consequences of their actions in building matters and to act in compliance with current regulations.