Italy Council of State issues rulings on building compliance and urban fees

The Italian Council of State has issued two significant rulings regarding urban planning and construction regulations.

In the first case, the court ruled that a request for amnesty or building compliance cannot override a final, non-contested demolition order. The ruling involved a property in Rome that was originally built without authorization. Although the owner sought to regularize subsequent expansions and modifications, the court determined that the existing demolition order remained decisive, as the new works could not be isolated from the illegal status of the original structure.

In a separate decision, the Council of State ruled that changing the use of properties from service housing to permanent residences does not automatically justify new urbanization fees. The court overturned a previous decision, stating that municipalities must demonstrate a specific increase in urban load to justify additional construction contributions. The case involved 25 housing units where the municipality had demanded significant additional payments without providing verifiable evidence of increased infrastructure requirements.