Analysis of Judgment No. 21476 of 2023: Urban Planning Offences and Safeguard Measures

The issue of urban planning offences is always relevant and of great importance for land management. Judgment No. 21476 of April 13, 2023, filed on May 19, 2023, offers significant insights into how Italian law, particularly Presidential Decree No. 380 of 2001, regulates safeguard measures in urban planning. This judgment, issued by the Court of Cassation, clarifies the conditions under which an urban planning offence can be established in relation to safeguard measures.

The Regulatory Framework

Italian legislation, through Presidential Decree No. 380 of 2001, establishes a framework for construction activities and urban planning. In particular, Article 44 of this decree deals with contraventions related to the execution of building interventions that do not comply with urban planning provisions. The Court, in the judgment under review, reiterated that the violation of safeguard measures provided for by the urban plan, if it occurs after the adoption and before the approval of the plan itself, constitutes the contravention referred to in Article 44.

Urban plans - Adoption of the plan – Configurability of the offence under art. 44 Presidential Decree No. 380 of 2001 - Moment of relevance for criminal purposes – Identification - Safeguard period - Conditions - Reasons. In the context of urban planning offences, the execution of building interventions that conflict with the safeguard measures provided for by the urban plan, occurring after its adoption and prior to its approval, constitutes the contravention referred to in art. 44 Presidential Decree of June 6, 2001, No. 380. (In its reasoning, the Court specified that safeguard measures come into effect at the moment the competent administrative body adopts the plan and publicizes it to allow interested parties to submit observations, as it is necessary to prevent interventions that compromise the territorial arrangements envisaged by the plan from being carried out prior to its approval).

Implications of the Judgment

The Court wished to emphasize the importance of the moment when safeguard measures come into effect. It is crucial that, immediately after the adoption of the urban plan, operators in the sector are aware of the restrictions that apply. Indeed, the safeguard period serves to protect territorial arrangements and ensure proper planning. Therefore, if a building intervention is carried out during this period, it may be considered unlawful and criminally relevant.

• Clarity on safeguard measures
• Criminal relevance of building interventions
• Protection of territorial arrangements

Conclusions

Judgment No. 21476 of 2023 represents an important step forward in case law concerning urban planning offences. It clarifies not only how safeguard measures are applied but also the responsibilities of those who carry out building interventions in violation thereof. For operators in the sector, it is essential to stay updated and informed about current regulations to avoid legal and criminal consequences. The defence of the territory and urban planning are fundamental pillars for sustainable and responsible development.