Order No. 18676 of 2024: The Tolerability of Emissions in Property Law

The recent order no. 18676 of July 9, 2024, from the Court of Cassation offers an important reflection on the topic of emissions and their tolerability in the context of neighborly relations. The case, which saw C. (S. T.) and B. at odds, highlighted how, although the limits of emissions may have been respected, this is not sufficient to guarantee their legality, requiring a more in-depth analysis of the specific conditions of the place.

The Concept of Tolerability

The principle of the ruling establishes that:

TOLERABILITY Limits of emissions set by regulations - Non-exceedance - Legality - Evaluation criteria. In matters of emissions, compliance with the limits set by regulations does not, in itself, allow one to consider emissions to be lawful, as tolerability must be assessed in the concrete situation, taking into account the locations, times, characteristics of the area, and the habits of the residents.
This principle is crucial for understanding how Italian jurisprudence considers the issue of emissions within the context of property law.

Analysis of the Ruling

The Court reiterated that compliance with regulatory limits does not automatically exclude the possibility that emissions may be considered intolerable. Indeed, it is necessary to examine a series of factors, including:

  • The physical characteristics of the affected area;
  • The times when the emissions occur;
  • The habits of the residents;
  • The type of activity that generates the emissions.

This overall evaluation allows for the determination of whether the emissions are tolerable or not, taking into account the coexistence among the various parties involved.

Conclusions

In conclusion, order no. 18676 of 2024 emphasizes the importance of a detailed and contextualized evaluation of emissions in property law. This decision represents an important guide for those dealing with conflicts related to emissions, highlighting how the law cannot be interpreted rigidly but must adapt to the specificities of concrete cases. It is essential for property owners to be informed about their rights and duties in order to avoid disputes and ensure peaceful coexistence.

Bianucci Law Firm