Judgment No. 21192/2023: The Unity of the Construction Work and the Necessity of Permits

Judgment No. 21192 of April 4, 2023, issued by the Court of Cassation, offers an important reflection on building regulations, particularly regarding the applicability of interventions to permits. The case in question involves the defendant G. O., who was involved in a construction issue resolved by the judges with a fundamental reminder of the need to consider the work in its entirety.

The Context of the Judgment

The Court has indeed established that, in the matter of building crimes, the evaluation of the work must be carried out considering the overall result of the construction activity, rather than analyzing the individual components separately. This principle is essential for determining the applicable permitting regime, which may require building permits and landscape authorizations, especially in protected areas.

Applicability of permits - Evaluation of the work in its entirety - Necessity – Existence - Case. In the context of building crimes, the evaluation of the work, for the purpose of identifying the applicable permitting regime, must concern the result of the construction activity in its entirety, and the individual components cannot be considered separately. (Case relating to the construction, in a protected area, of a wall used as a shower and the floor of an external bathroom, structures for which, when considered together, the issuance of a building permit and landscape authorization was necessary).

The Legal Implications of the Judgment

This principle of unity has significant repercussions for citizens and professionals in the construction sector. In fact, every intervention, even if seemingly minimal, must be evaluated in the context of the entire work. The consequences of a fragmented evaluation can lead to sanctions and situations of illegality, which can be burdensome both economically and legally.

  • Need for permits for even minor interventions in protected areas.
  • Risks associated with carrying out work without considering unity.
  • Importance of legal advice before undertaking construction work.

Conclusions

In conclusion, Judgment No. 21192/2023 represents a clear warning for those intending to carry out construction interventions. It is essential to approach the design and execution of works with a comprehensive view, avoiding neglecting regulatory aspects that could have serious consequences. Consulting experts in the field and carefully considering current regulations is a crucial step to ensure the regularity and legality of one's actions in the construction field.

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