Notification Obligations for Building Interventions in Seismic Zones: Commentary on Judgment No. 37117 of 2023

The recent judgment No. 37117 of June 15, 2023, filed on September 12, 2023, provides important clarifications regarding the obligations of written notification for the execution of building interventions in seismic zones. In particular, the Court reiterated the importance of compliance with the regulations established by d.P.R. June 6, 2001, No. 380, to ensure public safety and proper land management.

Legal Context and Obligations Established

The decision under review is based on Article 93 of d.P.R. No. 380/2001, which establishes the obligation to communicate in writing to the municipal one-stop shop the intention to carry out a building intervention in a seismic zone. This obligation also applies in the case of works considered to be of minor significance or without impact on public safety. The Court clarified that, even in the absence of prior authorization to commence work, the submission of the project, signed by a qualified professional and the project manager, remains essential.

The Ruling of the Judgment

Written notification obligations for the execution of a building intervention in a seismic zone and submission of the project - Minor significance or lack of relevance concerning public safety - Existence - Reasons. The obligations, established by Article 93, paragraphs 1 and 2, of d.P.R. June 6, 2001, No. 380, for written notification to the municipal one-stop shop of the intention to proceed with the execution of a building intervention in a seismic zone and submission of the project signed by a qualified professional and the project manager, the failure of which is sanctioned by Article 95 of the aforementioned d.P.R., exist even in the case of works not subject to prior authorization for the commencement of work, as provided by the same regulatory text, because they can be concretely qualified as of minor significance or lacking relevance to public safety, as indicated by the subsequent Article 94-bis, paragraph 5, which, delegating to the regions the authority to establish controls even by sampling, stipulates that the regional technical office has been notified of the intervention and has the relevant project.

Practical Implications of the Judgment

This judgment has several practical implications for professionals in the construction sector and for citizens. Among them, we can highlight:

  • Strengthening of Safety: The obligation of notification helps ensure that even works of minor significance are carried out in compliance with safety regulations.
  • Procedural Clarity: The judgment clarifies that, regardless of the type of intervention, it is always necessary to respect the communication and submission procedures.
  • Possible Sanctions: Non-compliance with the obligations established by d.P.R. No. 380/2001 may result in significant penalties, underscoring the importance of regulatory compliance.

Conclusions

Judgment No. 37117 of 2023 represents an important call to order for those operating in the construction sector, highlighting that compliance with regulations regarding building interventions in seismic zones is crucial not only for legality but also for public safety. It is essential that professionals and citizens are aware of these obligations to avoid legal issues and ensure a safe built environment that complies with current regulations.

Bianucci Law Firm