Italian courts clarify property rights in neighbor disputes

Recent rulings from Italian courts have clarified the legal boundaries regarding property rights and building permits in disputes between neighbors.

The Court of Milan (sentenza n. 6605/2026) addressed a conflict involving cantilevered balconies built adjacent to a neighboring wall. The court ruled that even if a balcony is urbanistically legitimate, the owner is prohibited from exercising an oblique view at a distance of less than 75 centimeters, as per Article 906 of the Civil Code. Additionally, owners are not permitted to allow rainwater or cleaning water to flow onto a neighbor's property. The ruling noted that such balconies generally belong to individual unit owners rather than being common parts of the building.

In a separate matter, the Liguria Regional Administrative Court (TAR Liguria, sentenza n. 1075/2026) ruled on the limits of municipal authority regarding building amnesty. The court rejected an appeal against a permit issued to transform a balcony into a veranda. The ruling established that while a municipality must verify the completeness of an application, it cannot act as a judge for civil rights disputes. The court emphasized that a neighbor must provide documentary proof of a concrete violation of property rights; mere proximity does not constitute proof of invasion or distance violations.