Italian Council of State limits building condono volumes to 750 m³ per structure

The Council of State (Consiglio di Stato) issued rulings (sentenza 2848/2026 and 4441/2026) clarifying that a building regularised under the 1994 condono law is fully legitimate, but any subsequent works must respect the statutory volumetric ceiling of 750 m³. The ceiling is assessed on the whole building, not on each separate unit within it.

In a Campania case involving a two‑level house divided into two autonomous units, the municipality and the regional administrative court (TAR) rejected the condono request because the total volume exceeded 750 m³ and due to procedural deficiencies. The Council of State upheld the rejection, stating that any volume‑reduction proposal must be backed by complete technical designs and that demolition orders require compliance with technical standards, allowing monetary sanctions as an alternative.