TAR Emilia-Romagna rules on basement habitability and building amnesty

The TAR Emilia-Romagna has ruled on a case involving basement premises that were previously granted building amnesty in 1995. Although the amnesty legitimized the structures from a construction standpoint, the court determined that it does not automatically grant habitability or occupancy permits, particularly when health and hygiene standards are at stake.

The dispute arose after a municipality declared the basement rooms uninhabitable due to sanitary deficiencies, ordering an evacuation within 30 days. This decision was supported by findings from the AUSL della Romagna. The owners contested the order, arguing that their 1995 amnesty certificate functioned as a certificate of habitability. However, the court maintained that building legitimacy does not override the necessity of meeting essential sanitary requirements for residential use.