Italian Council of State Rules Limit Building Regularisation After Partial Restorations

The Italian Council of State (Consiglio di Stato) judgment No. 4845/2026 confirmed that owners cannot achieve full urban‑building compliance by carrying out works after the initial regularisation request and then submit a new application limited to the remaining parts.

The case involved a villa whose multiple permits (DIA) from 2011‑2014 allowed extensions, a subterranean floor and a loft that were later equipped as habitables. The municipality annulled the 2014 variant, ordered restoration, and rejected the owners’ 2017 request for conformity under art. 36 of D.P.R. 380/2001.

Separate jurisprudence reiterated that urbanisation charges must correspond to the actual increase in urban load, distinguishing demolition‑reconstruction continuity from new construction, and that charges cannot exceed the real costs incurred by public authorities.