Judgment no. 18267 of 2023: Posthumous authorisation and contraventions in seismic zones

Judgment no. 18267 of 2023, issued by the Court of Cassation, raises important issues regarding anti-seismic legislation in Italy. In particular, the decision focuses on the effect of posthumous authorisation granted for the construction of works in seismic zones and the criminal consequences linked to it. The Court has established that such authorisation does not extinguish the contravention provided for by Article 94 of Presidential Decree no. 380 of 2001, thus clarifying some crucial aspects for professionals in the construction sector and for property owners.

Content of the judgment

The Court's ruling is based on a specific case involving the defendant M. P., accused of carrying out works in a seismic zone without the due authorisation. The Court deemed the request for the extinction of the contravention inadmissible, despite the posthumous issuance of the authorisation by the competent authority. This aspect is crucial, as it reiterates the importance of anti-seismic regulations and the strict adherence to building procedures.

Contravention under art. 94 Presidential Decree no. 380 of 2001 - Posthumous authorisation for the construction of works in seismic zones - Extinctive effect - Exclusion. In terms of anti-seismic legislation, the posthumous issuance, by the competent administrative authority, of authorisation for the construction of works in seismic zones has no extinctive effect on the contravention provided for by art. 94 Presidential Decree of 6 June 2001, no. 380.

Legal implications

The judgment highlights how posthumous authorisation cannot be considered a safe conduct for offenders. In fact, Italian legislation, and in particular Presidential Decree no. 380 of 2001, establishes clear and strict rules for construction in areas at high seismic risk. This decision aligns with the principles of protecting public safety and safeguarding the building heritage.

• The importance of requesting authorisation before commencing works has been reiterated.
• It has been clarified that posthumous issuance does not remedy the violation of safety regulations.
• A legal precedent has been established that could influence future decisions in the building sector.

Conclusions

In conclusion, judgment no. 18267 of 2023 represents a significant reference point in the field of anti-seismic building legislation. It underscores the ineffectiveness of posthumous authorisation in remedying violations already committed, urging all stakeholders in the sector to strictly comply with current regulations. It is therefore essential for property owners and professionals in the construction sector to be constantly updated on regulations to avoid sanctions and ensure the safety of the works carried out.