Italian courts set new standards for missing building permits and illegal property division

The Regional Administrative Court (TAR) of Veneto issued decision No. 1389/2026 concerning a demolition order against portions of a residential building. The court held that a municipality cannot order demolition when the original 1924 building permit is unavailable, and that other documentation such as photographs, cadastral maps, and archival records may be used to reconstruct the legal state of the work under article 9‑bis of DPR 380/2001.

On 4 June 2026, Italy’s Supreme Court (Cassazione) Civil Chamber ruled in sentence 18005 that a judge cannot order the judicial division of an inherited property that is illegal or lacks the required urban‑planning documentation. Compliance with cadastral data is mandatory under law 52/1985; deficiencies constitute a formal nullity intended to protect public interests and prevent tax evasion.