Council of State upholds property seizure in Nocera Terinese

The Council of State has upheld a decision regarding a villa in Nocera Terinese belonging to lawyer and former mayor Fernanda Gigliotti. The ruling rejects an appeal against a previous decision by the TAR Calabria and the municipality.

The dispute originated from a 2018 demolition order due to construction works that deviated from building permits and changed the intended use of the property. Following the failure to comply with the demolition order within the 90-day period, the property and its surrounding area automatically transferred to the municipal heritage by law.

The Council of State clarified that the municipality's subsequent act merely declared a transfer of ownership that had already occurred legally. Consequently, the former owner no longer holds title to the property and is ineligible to apply for building regularizations or amnesty.