Judgment No. 33987 of 2023: The Demolition Order and Real Estate Foreclosure

Judgment No. 33987 of June 16, 2023, issued by the Court of Genoa, offers important insights into the delicate issue of building offenses, particularly regarding demolition orders for structures built in violation of urban planning regulations. This legal provision, in fact, is not merely an administrative act but has direct implications for property rights and the functioning of the Italian legal system.

The Context of the Judgment

The case originates from a demolition order issued following investigations into illegal constructions. In its reasoning, the Court clarified that the demolition order has a real nature, directly affecting the person in relation to the property, regardless of any transfer of ownership. This aspect is crucial, as it establishes that, even in the presence of foreclosures, the demolition order must be executed.

Demolition order for an illegal structure - Subordination of the benefit of conditional suspension to the execution of the demolition order - Real estate foreclosure affecting the illegal property before the deadline for executing the order - Relevance - Exclusion - Reasons. In matters of building offenses, the execution of the demolition order, issued by the judge following the ascertained construction in violation of urban planning regulations, is not precluded by a foreclosure that has affected the property prior to the deadline for its execution. (In its reasoning, the Court highlighted that the demolition order, due to its real nature, directly impacts the person in relation to the property, irrespective of any intervening transfer deeds, and that the purchaser at the end of the enforcement procedure, being unaware of the violation, may seek recourse against the foreclosed party).

Practical Implications

This judgment implies that, in cases of illegal constructions, even if a real estate foreclosure has been carried out, the demolition order must still be executed. This may seem counterintuitive, but it serves to ensure that urban planning regulations are respected and that situations of impunity for building violations are not created. Furthermore, the judge specified that the buyer of a foreclosed property, who bears no responsibility for the violation, has the right to seek recourse against the foreclosed party, thereby strengthening the protection of property rights.

Final Considerations

In conclusion, judgment No. 33987 of 2023 represents an important clarification on building matters and property rights. It underscores the importance of maintaining the integrity of urban planning regulations and offers protection to those who, in good faith, acquire real estate without being aware of any violations. This balance between property rights and compliance with regulations is fundamental to ensuring sound urban planning that respects collective interests.