Building abuse, in our system, should be understood not only as a formal violation of an urban planning rule, But as a legal phenomenon that undermines the balance between private property law and collective interest in the protection of the territory. The central rule that innervates the ...
The demolition order of an abusive artifact, provided for by art. 31, comma 9, d.P.R. n. 380/2001 (Consolidated Construction Text) it concerns not only the building subject to the procedure that gave birth to the executive title but also any other intervention that, For his accessory to the illegal work, income...
On the subject of building offenses, the judge, in implementing the demolition order of an illegal property used as a dwelling, is required to respect the principle of proportionality as developed by the jurisprudence of the European Court of Human Rights. The need to guarantee....