Building Amnesty and Accelerated Procedures: Commentary on Judgment No. 14583 of 2023

Judgment No. 14583 of March 2, 2023, issued by the Court of Cassation, has raised important issues regarding the building amnesty procedure, particularly for properties damaged by seismic events. In this article, we will analyze the content of the judgment, its effects, and the applicable regulations, aiming to make the discussion accessible to everyone.

Regulatory Context

The building amnesty procedure is governed by Decree-Law No. 109 of 2018, converted into Law No. 130 of the same year. In particular, Article 25 introduces an accelerated procedure for amnesty applications already submitted, concerning properties damaged by the seismic events that occurred on August 17, 2017, in the municipalities of Casamicciola Terme, Forio, and Lacco Ameno.

However, the judgment under review clarifies that this accelerated procedure does not apply to those properties that cannot benefit from state contributions for repair and reconstruction, as they are subject to demolition or restoration orders issued by the criminal judge.

Analysis of the Judgment

Building Amnesty - Accelerated Procedure Provided by Art. 25 of Decree-Law No. 109 of 2018, converted, with amendments, by Law No. 130 of 2018 - Damaged Properties Unable to Benefit from State Contributions as Subject to Demolition or Restoration Order - Applicability - Exclusion. Regarding building offenses, the accelerated procedure provided by Art. 25 of Decree-Law of September 28, 2018, No. 109, converted, with amendments, by Law of November 16, 2018, No. 130, for already submitted amnesty applications concerning properties damaged by the seismic events of 08/17/2017 located in the municipalities of Casamicciola Terme, Forio, and Lacco Ameno, does not apply to properties that cannot benefit from state contributions for repair and reconstruction referred to in Art. 21, paragraph 2-bis, of the aforementioned Decree-Law, as they are subject to a demolition or restoration order issued by the criminal judge.

This summary clearly highlights how the Court of Cassation intended to protect the integrity of criminal proceedings and the safety of the building stock. Properties subject to demolition orders cannot avail themselves of amnesty procedures, unless they have been regularized before such orders. This aspect represents a significant safeguard to prevent building violations from being retroactively sanctioned, to the detriment of legality and public safety.

Practical Implications of the Judgment

The practical implications of this judgment are considerable, as it establishes a legal precedent that could influence future decisions regarding building offenses and amnesties. Properties that are in a state of irregularity, being subject to demolition orders, will not be able to benefit from any amnesty, thus protecting the principles of legality and urban planning.

• Evaluation of amnesty applications and admissibility requirements.
• Impact on property rights and real estate management.
• Possible appeals and strategies for owners of damaged properties.

Conclusions

In conclusion, judgment No. 14583 of 2023 represents an important step in the regulation of building amnesties, clarifying the conditions for the application of accelerated procedures. It is crucial for owners of damaged properties to be informed and aware of the limitations related to their situation, to avoid facing difficulties when applying for contributions or attempting to proceed with an amnesty.