Italy: Legal consequences of illegal building and property seizure

In Italy, the legal process for addressing illegal construction involves strict protocols regarding the transfer of property to public administration. Under Article 31 of Presidential Decree 380/2001, if a responsible party fails to demolish an unauthorized structure within 90 days, the building and the land are automatically and gratuitously acquired by the Municipality. Once this transfer occurs, the former owner loses all legal ties to the property and can no longer legally contest demolition orders.

A specific case in Montallegro highlights these complexities. The Tribunal of Agrigento recently addressed a lawsuit where plaintiffs sought the return of five properties—including areas used by the Town Hall, a Carabinieri barracks, and a medical outpost—claiming ownership through inheritance. The plaintiffs also requested over €882,000 in damages. However, the Municipality contested these claims, arguing that cadastral records alone do not prove ownership and noting that several areas are already established for public use or belong to other entities like the local health authority.