Order No. 9704 of 2024: Exceptions to Legal Distances for Garages and Parking Lots

In the Italian legal landscape, issues related to legal distances in construction are often the subject of disputes. Order No. 9704 of April 10, 2024, issued by the Court of Appeal of Genoa, represents an important clarification regarding the exceptions provided for in Article 9 of Law No. 122 of 1989, particularly concerning garages and parking lots.

The Regulatory Context

Law No. 122 of 1989 establishes specific rules regarding the distances to be observed in construction. However, Article 9 provides for exceptions for garages and parking lots, but under certain conditions. In particular, according to the Court, it is essential that such structures be built for their entire height below the original ground level. This aspect is crucial to ensure compliance with urban planning regulations, which protect essential values such as air, light, and view.

The Principle of the Ruling

Parking lots and garages - Exception to urban planning tools pursuant to Article 9 of Law No. 122 of 1989 - Conditions - Basis. The exception to the distance regulations set forth in Article 9 of Law No. 122 of 1989 applies only to garages and parking lots built, for their entire height, below the original ground level, protecting urban planning regulations regarding heights, distances, and volumetry of buildings as specific values such as air, light, and view.

This principle highlights a fundamental tenet: the protection of urban planning must always be guaranteed. Even in cases where an exception to legal distances is allowed, it is essential that new constructions do not compromise the rights of neighbors and the quality of life for residents in surrounding areas.

The Implications of the Ruling

The decision of the Court of Appeal of Genoa has important implications for owners and builders. These can be summarized in the following points:

  • Exceptions to legal distances are permissible only if specific conditions are met.
  • Garages and parking lots must be constructed below the ground level to benefit from the exception.
  • It is necessary to protect urban values, such as light and view, which may be compromised by new constructions.

In summary, the ruling emphasizes the importance of balancing construction needs with the protection of neighbors' rights, drawing attention to a fundamental aspect of urban planning regulations.

Conclusions

In conclusion, Order No. 9704 of 2024 represents a significant step toward a clear definition of the conditions for exceptions to legal distances. It emphasizes the need to adhere to urban planning regulations and protect citizens' rights, thus ensuring an adequate quality of life. Businesses and professionals in the sector must therefore pay attention to these principles to avoid disputes and ensure projects are in line with current regulations.

Bianucci Law Firm