Analysis of Ordinance No. 21819 of 2024: Distances for Noxious Factories and Warehouses

The recent Ordinance No. 21819 of August 2, 2024, issued by the Court of Cassation, addresses a crucial issue in Italian civil law: legal distances for noxious factories and warehouses. This decision provides important clarifications on the regime of distances, established by Article 890 of the Civil Code, and on the resulting presumption of harmfulness. Let's examine the key points of this ruling.

Regulatory Context and the Presumption of Harmfulness

Article 890 of the Civil Code establishes that for factories and warehouses considered noxious or dangerous, there is an absolute presumption of harmfulness when specific provisions are present in the municipal building regulations. This means that if the regulations stipulate a distance to be observed, the neighbor can consider the presence of the factory as potentially harmful.

• The presumption of harmfulness is absolute when provided for by the regulations.
• In the absence of provisions, the judge must assess the concrete situation.
• Proof of non-hazardousness can overcome the presumption in specific cases.

Distances for noxious and dangerous factories and warehouses - Regulation of Article 890 of the Civil Code - Presence of regulatory provisions indicating the distance to be observed - Absolute presumption of harmfulness - Existence - Limits and conditions. Article 890 of the Civil Code establishes the regime of distances for noxious or dangerous factories and warehouses based on a presumption of harmfulness and danger that is absolute, where provided for by a rule in the municipal building regulations. In the absence of specific provisions in this regard, the distance concretely sufficient for the protection of the neighboring property must, instead, be ascertained by the judge according to his prudent discretion, also in light of the technical prescriptions provided by the regulations and common technical standards. In such cases, the presumption can be overcome by demonstrating that, in relation to the peculiarity of the case and the precautions taken, there is no damage or danger to the neighboring property.

Limits and Conditions of the Presumption of Harmfulness

The Court emphasized that, in the absence of specific municipal regulations, the distance to be observed must be assessed on a case-by-case basis. This approach allows the judge to exercise prudent discretion, taking into account the peculiarities of the situation and any measures adopted to mitigate risks. This aspect is fundamental to ensuring a balance between property rights and the protection of public health.

Conclusions

In summary, Ordinance No. 21819 of 2024 serves as an important reference for all those operating in the field of civil law, particularly concerning neighborly relations and the management of legal distances. The Cassation Court's decision confirms the importance of clear and precise regulation, but also the need for careful analysis of concrete situations. In a context where environmental and safety regulations are becoming increasingly stringent, it is essential for professionals in the sector to fully understand the implications of this ruling.