Judgment No. 16141 of 2023: Abusive Properties and Inheritance Transmission

The judgment No. 16141 of February 21, 2023, filed on April 17, 2023, provides important clarifications regarding the management of properties built unlawfully and their impact on the inheritance estate. In particular, the Court of Cassation has established that a property built without the necessary building permit becomes part of the estate of its builder and, consequently, is transmitted to the heirs “mortis causa.” This aspect represents a crucial point for all those who find themselves managing the succession of real estate in situations related to building violations.

The Legal Context of the Judgment

The Court of Cassation, through this judgment, has confirmed the principle that abusive properties, despite being subject to a demolition order, are part of the estate of the individual who constructed them. This principle aligns with Italian regulations, particularly with DPR June 6, 2001, No. 380, which governs building activities. The judgment emphasizes the importance of the law in ensuring that an individual's estate, even when it includes illegal assets, is transferred to the heirs unless they decide to waive the inheritance.

Property built unlawfully - Inclusion in the estate and, therefore, in the inheritance of the builder - Transfer of the asset "mortis causa" to the heirs, unless they waive the inheritance - Effectiveness of the demolition order towards the latter. In the context of building offenses, the property constructed without a building permit, for which a demolition order has been issued, being part of the estate of the builder, enters into his inheritance and, unless the inheritance is waived, is transmitted "mortis causa" to the heirs, towards whom the order retains effectiveness.

Implications for Heirs

The implications of this judgment are significant for the heirs of abusive properties. In particular, it is essential to consider that:

• Heirs may find themselves managing properties that have an active demolition order.
• The demolition order remains effective even after the builder's death, meaning that heirs must face the legal consequences of the property.
• It is possible to waive the inheritance to avoid inheriting properties with legal issues.

This situation requires expert legal advice to assess the available options and the consequences of a possible waiver of the inheritance.

Conclusions

In conclusion, the judgment No. 16141 of 2023 by the Court of Cassation clearly clarifies the issue of abusive properties and their transfer to heirs. Italian law protects the estate but also imposes significant responsibilities. Heirs of a property built without permission must be aware of the legal implications and the possible actions to take to protect themselves. It is therefore advisable to consult legal professionals to best address these delicate situations.