Commentary on Judgment No. 14644 of 2024: Building Offences and Building Permits by Derogation

The recent judgment No. 14644 of March 13, 2024, by the Court of Salerno has sparked a lively debate on building offences and, in particular, on the application of building permits by derogation from urban planning instruments. This decision is part of a complex legal context, where the safeguarding of the territory and compliance with urban planning regulations meet the needs for economic and social development of the country.

The Legal Context

The judgment in question refers to S. G. Srl Unipersonale, accused of having built a building intended for residential use and commercial activities within a "project financing" program. However, the Court ruled that such construction cannot be carried out through a building permit by derogation, as provided for by art. 14 of Presidential Decree of June 6, 2001, No. 380. This article, in fact, allows for derogations only in exceptional cases, for the pursuit of public interests, and not for interventions that do not comply with current urban planning instruments.

Building offences - Construction of a building for residential use and commercial activities included in a "project financing" program - Building permit by derogation from urban planning instruments pursuant to art. 14 of Presidential Decree No. 380 of 2001 - Illegitimacy - Reasons. In the context of building offences, the construction of a building for residential use and commercial activities, even if included in an overall planned "project financing" intervention, cannot be authorized with a building permit by derogation from urban planning instruments pursuant to art. 14 of Presidential Decree of June 6, 2001, No. 380, as this procedure is exceptional and is permitted solely for the pursuit of public interests, hence the illegitimacy of such enabling measure.

Implications of the Judgment

This judgment has significant implications for the construction sector and local administrations. In fact, it highlights:

• Strict compliance with urban planning regulations
• The need to ensure that every building project serves genuine public interests
• The risk of illegitimacy for interventions that attempt to circumvent current regulations

The consequences of this ruling can be significant, as they could lead to increased scrutiny by competent authorities and sanctions against those who attempt to abuse the derogations provided by law.

Conclusions

In conclusion, judgment No. 14644 of 2024 not only reiterates the importance of complying with urban planning regulations but also emphasizes the need for a balance between economic development and territorial protection. Public administrations and construction sector operators must pay attention to this important jurisprudential trend to avoid penalties and ensure that their projects are not only legitimate but also beneficial to the community.