Judgment No. 16141 of 2023: Unlawful Buildings and Hereditary Transmission

Judgment No. 16141 of February 21, 2023, filed on April 17, 2023, offers important clarifications regarding the management of unlawfully constructed buildings and their impact on the inheritance. In particular, the Court of Cassation has established that a building erected without the necessary building permit becomes part of its builder's estate and, consequently, is transmitted to heirs “mortis causa”. This aspect represents a crucial point for all those who find themselves managing the succession of real estate in situations related to building violations.

The Legal Context of the Judgment

The Court of Cassation, through this judgment, has confirmed the principle that unlawful buildings, despite being subject to a demolition order, are part of the estate of the person who erected them. This principle is in line with Italian regulations, particularly with Presidential Decree of June 6, 2001, No. 380, which governs building activities. The judgment emphasizes the importance of the law in ensuring that an individual's estate, even when including illegal assets, is transferred to heirs, unless they decide to renounce the inheritance.

Building erected unlawfully - Inclusion in the estate and, therefore, in the inheritance of the person who erected it - Transfer of the asset "mortis causa" to the heirs, barring renunciation of the inheritance - Effectiveness of the demolition order against the latter. Regarding building offenses, a building erected without a building permit, for which a demolition order is issued, forms part of the estate of the person who erected it, enters into their inheritance, and, barring renunciation of the inheritance, is transmitted "mortis causa" to the heirs, against whom the order remains effective.

Implications for Heirs

The implications of this judgment are significant for heirs of unlawful buildings. In particular, it is essential to consider that:

• Heirs may find themselves managing real estate assets that have an active demolition order.
• The demolition order remains effective even after the builder's death, meaning that heirs must face the legal consequences of the property.
• It is possible to renounce the inheritance to avoid inheriting properties with legal issues.

This situation requires expert legal advice to evaluate the available options and the consequences of a possible renunciation of the inheritance.

Conclusions

In conclusion, Judgment No. 16141 of 2023 by the Court of Cassation clearly clarifies the issue of unlawful buildings and their transfer to heirs. Italian law protects property but also imposes significant responsibilities. Heirs of a building erected without a permit must be aware of the legal implications and possible actions to take to protect themselves. It is therefore advisable to consult legal professionals to best address these delicate situations.