Judgment no. 28727 of 2024: Conditional Suspension and Demolition of Unlawful Structures

Judgment no. 28727 of June 26, 2024, by the Court of Cassation represents an important reference point for Italian building law, particularly concerning building offenses and the conditional suspension of sentences. In this article, we will analyze the main aspects of this decision, which clarifies the consequences of the judge's failure to set a deadline for the demolition of unlawful structures.

The Legal Context of the Judgment

The Court of Cassation was called upon to rule on a case where the first-instance judge had omitted to set a deadline for fulfilling the obligation to demolish an unlawful structure. The central issue concerned the application of Article 31, paragraph 3, of Presidential Decree no. 380 of June 6, 2001, which establishes a period of ninety days from the final judgment for compliance with this obligation.

The legal principle emerging from the judgment is as follows:

Building offenses - Conditional suspension subject to the demolition of the unlawful structure - Deadline for compliance - Failure to set a deadline - Identification - Criteria. In matters of building offenses, if the judge has omitted to set a deadline for complying with the obligation to demolish the unlawful construction, to which the benefit of the conditional suspension of the sentence has been made subject, the ninety-day period from the final judgment, established by Article 31, paragraph 3, of Presidential Decree no. 380 of June 6, 2001, applies.

Implications of the Judgment

The decision of the Court of Cassation clarifies that, in the absence of a specific deadline set by the judge, the ninety-day period applies automatically. This aspect is crucial to ensure that unlawful structures are removed within a reasonable time, thus protecting the territory and the environment.

Based on the judgment, the following key points can be outlined:

• The conditional suspension of the sentence is subject to the fulfillment of the obligation to demolish the unlawful structure.
• The judge's failure to set a deadline does not negate the obligation to demolish but results in the automatic application of the ninety-day period.
• This judgment is part of a broader body of case law that affirms the importance of complying with building regulations.

Conclusions

Judgment no. 28727 of 2024 represents an important affirmation of building law in Italy. It reiterates that, even in the absence of specific instructions from the judge, existing regulations must be respected, thereby ensuring the protection of the territory and public order. The clarity of the deadlines provided by the regulations allows legal professionals and citizens to have greater awareness of their rights and duties in building matters.