Judgment No. 16470 of 2024: The Demolition Order and Transfer to Third Parties

The recent judgment No. 16470 of March 28, 2024, issued by the Court of Salerno, addresses a highly relevant issue in the field of building law: the effectiveness of a demolition order in relation to the transfer of the property to third parties. This ruling is part of a legal framework where the protection of the territory and the restoration of building legality are fundamental principles.

Content of the Judgment

The Court declared the appeal of DI.MO.LAT S.A.S. di Bacco Antonio & C. inadmissible, establishing that the execution of a demolition order for an illegally built property is not hindered by its transfer to third parties. This means that even if the property has been sold, the demolition order remains valid and applicable, falling under the responsibility of whoever possesses the property.

Demolition order - Transfer of the property to third parties - Relevance - Exclusion. In matters of building offenses, the execution of a demolition order for an illegally built property is not precluded by its subsequent transfer to third parties. The order, as a restorative administrative sanction, operates against whoever has possession of the property that continues to cause prejudice to the territory.

Legal and Jurisprudential Implications

This judgment is based on well-established legal principles, referencing provisions of Presidential Decree 06/06/2001 and the Constitution. Specifically, Article 31 of the Presidential Decree outlines the procedures for executing demolition orders, and Article 44, paragraph 2, emphasizes the need to ensure the protection of the territory. The ruling aligns with previous jurisprudence, such as judgments No. 48925 of 2009 and No. 22853 of 2007, which have already affirmed the validity of demolition orders even in cases of property transfer.

It is important to note that this interpretation is part of a broader regulatory context, in which authorities must be able to act to restore building legality, regardless of the property's ownership status. Therefore, new owners of illegally built properties must be aware that a demolition order is a burden that may fall upon them, despite acting in good faith during the purchase.

Conclusions

In conclusion, judgment No. 16470 of 2024 represents a significant step forward in the fight against illegal construction. It clarifies that a demolition order is binding on whoever possesses the property, emphasizing the importance of individual responsibility in complying with building regulations. It is crucial for property owners and buyers to pay close attention to these aspects to avoid legal consequences and sanctions that could jeopardize the value of their assets.