Order No. 9704 of 2024: Exemptions to Legal Distances for Garages and Parking Spaces

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

The Regulatory Context

Law No. 122 of 1989 establishes specific rules regarding the distances to be observed in construction. However, Article 9 provides for exemptions for garages and parking spaces, but under certain conditions. In particular, according to the Court, it is essential that such structures are 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 Ruling's Maxim

Parking spaces and garages - Exemption from urban planning instruments pursuant to art. 9 of l. no. 122 of 1989 - Conditions - Basis. The exemption from the distance regulations referred to in art. 9 of l. no. 122 of 1989 is valid only for garages and parking spaces built, for their entire height, below the original ground level, protecting urban planning requirements regarding building heights, distances, and volumes, specific values such as air, light, and view.

This maxim highlights a fundamental principle: the protection of the urban planning framework must always be guaranteed. Even when an exemption from legal distances is permitted, it is essential that new constructions do not compromise the rights of neighbors and the quality of life of residents in the surrounding areas.

Implications of the Ruling

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

• Exemptions from legal distances are admissible only if specific conditions are met.
• Garages and parking spaces must be built below ground level to benefit from the exemption.
• It is necessary to protect urban planning values, such as light and view, which can be compromised by new constructions.

In summary, the ruling highlights the importance of a balance between construction needs and 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 towards a clear definition of the conditions for exemptions from legal distances. It emphasizes the need to comply with urban planning regulations and protect citizens' rights, thereby ensuring an adequate quality of life. Companies and professionals in the sector must therefore pay attention to these principles to avoid disputes and ensure projects are in line with current regulations.