Italian Constitutional Court restricts volumetric bonuses for amnesty buildings

The Italian Constitutional Court has issued ruling no. 86/2026, which restricts the use of volumetric bonuses and structural expansions for buildings that were previously regularized through amnesty (condoni edilizi) in 1985, 1994, and 2003.

The court ruled that building amnesties do not grant properties a status of ordinary legitimacy. Instead, the original illegality remains attached to the structure, limiting permissible interventions to maintenance, restoration, and building renovation. This decision overturns a previous stance by the Council of State that had allowed full building value for regularized properties.

The ruling stems from an examination of Sardinian regional law no. 18/2025, which prohibits volume increases and demolitions that alter a building's silhouette for amnesty-covered properties.