Judgment No. 37245 of 2024: The Legitimacy of Demolition Orders in Cases of Statute of Limitations

Judgment No. 37245 of 2024, issued by the Court of Cassation, provides important clarifications on building offenses, particularly concerning demolition orders for construction works. This ruling is part of a legal context characterized by increasing attention to building regularity and land protection.

The Issue of the Demolition Order

In this case, the defendant, C. R., had to face a demolition order concerning works that completed a previous building violation declared extinguished by the statute of limitations. The Court ruled that, despite the extinguishment of the violation due to the statute of limitations, the demolition order must be executed on the property in its entirety.

Building offenses - Demolition order - Works for completion and/or continuation of previous building violations declared extinguished by statute of limitations, with consequent revocation of the demolition order - Extension of the demolition order to the entire structure - Legitimacy - Reasons. The demolition order following a conviction, as provided for by Article 31, paragraph 9, of Presidential Decree of June 6, 2001, No. 380, even if related to building interventions that continue or complete a prior violation declared extinguished by the statute of limitations and in relation to which the previous demolition order had been revoked, must nevertheless be executed on the property considered in its entirety. (In its reasoning, the Court specified that the declaration of the statute of limitations does not result in a judgment favorable to the defendant).

Implications of the Judgment

The judgment underscores the importance of the rigorous application of building regulations and compliance with the procedures established by Presidential Decree of June 6, 2001, No. 380. The Court emphasized that the declaration of the statute of limitations does not equate to an acquittal of the defendant; rather, it implies that the building violation persists, and therefore the demolition order remains legitimate.

• The statute of limitations does not eliminate the building offense but only extinguishes its punishability.
• The demolition order must consider the property in its entirety, even if parts of it have been renovated or completed subsequently.
• It is crucial for property owners to understand the legal implications of any building violations, even in cases of the statute of limitations.

Conclusions

Judgment No. 37245 of 2024 represents an important reference for jurisprudence on building offenses. It clarifies that the demolition order cannot be limited to individual parts of the property but must be implemented in a comprehensive manner. In a context where land protection is increasingly central, it is essential for citizens to be aware of the legal consequences of any building violations and the current regulations.