Italian courts set limits on demolition for building violations

Italian legal guidance clarifies when a canopy (tettoia) can be built with a simple SCIA, under the free‑building regime, or requires a full building permit. A structure qualifies as free‑building only if it is small, auxiliary, does not alter the façade or volume of the main building, and is clearly intended for shelter. Larger, permanent coverings that create new usable space need a SCIA, and if they significantly change the building’s volume a full permit is required.

The Supreme Court (Cassazione) has also ruled that demolition orders are not mandatory for partial non‑conformities that do not involve substantial technical violations, such as minor deviations from the original permit. Demolition remains compulsory only for serious breaches of technical or seismic standards under article 31, paragraph 9 of the Building Code. This decision overturns a lower‑court order that had demanded demolition of a sewage conduit built without the required permit, emphasizing that only substantive infractions trigger compulsory removal.