Commentary on Judgment No. 28013 of 2023 concerning Construction and Seismic Zones

Judgment No. 28013 of January 25, 2023, filed on June 28, 2023, represents an important ruling by the Court of Cassation concerning construction offenses, particularly those related to interventions in seismic zones. On this occasion, the Court analyzed the configurability of the offenses provided for by Articles 93 and 94 of Presidential Decree of June 6, 2001, No. 380, highlighting the need for a concrete verification of the type of work carried out.

Regulatory Context

Presidential Decree No. 380 of 2001 governs construction activities in Italy, establishing the procedures and authorizations necessary for carrying out works, especially in seismic zones. In particular, Articles 93 and 94 concern administrative sanctions for the lack of prior notice and authorization for construction interventions. The Court reiterated that the absence of these fulfillments is not sufficient to constitute an offense; an assessment of the work's characteristics and its classification is necessary.

The Ruling's Headnote

Offenses of omitted written notice of the execution of construction interventions in a seismic zone and of carrying out the intervention in said zone in the absence of the prescribed authorization - Configurability - Conditions. For the purpose of configuring the offenses respectively provided for by Articles 93 and 94 of Presidential Decree of June 6, 2001, No. 380, a concrete verification of the type of work carried out is necessary, it being necessary to ascertain whether, due to the structural characteristics that define it or its classification, the construction is effectively subject to prior written notice by the client and prior authorization by the supervisory authority. (Case concerning the creation, in a basement used as a garage, of rooms through the mere construction of internal partitions, in which the conviction decision was annulled).

This headnote clarifies that the mere lack of prior notice and authorization is not sufficient to constitute an offense, but a thorough assessment of the structural characteristics of the work is necessary. In the specific case, it concerned the creation of internal partitions in a garage, for which the Court deemed authorization not to be required.

Practical Implications of the Judgment

The judgment has significant implications for construction professionals and clients. The main considerations to keep in mind are:

• The need to carefully assess the structural characteristics of the intervention before proceeding with its execution.
• The importance of understanding whether the work falls into the category of those subject to prior notice and authorization.
• The risk of sanctions can be reduced through proper legal and technical advice.

In conclusion, Judgment No. 28013 of 2023 underscores the complexity of construction regulations in seismic zones and the need for a thorough assessment of the works to be carried out. Correct interpretation of the rules can avoid legal problems and sanctions for clients and professionals in the sector.