Italian Supreme Court legal rulings

The Italian Supreme Court (Corte di Cassazione) has issued several rulings clarifying legal standards regarding the occupation of public and private spaces.

In an ordinance concerning urban scaffolding, the Court established that the TOSAP tax for occupying public areas cannot be triggered by the mere presence of scaffolding. Instead, authorities must verify if the structure concretely withdraws public land from collective use, such as by obstructing pedestrian passage.

Regarding public housing, the Court’s Third Civil Section ruled that individuals entering a residence with the consent of an original assignee do not commit the crime of building invasion if the assignment is subsequently annulled. This distinction reclassifies the act as a civil wrong, which reduces the statute of limitations for damage claims from six years to five years.

Additionally, the Court addressed administrative sanctions in the Lazio region, confirming that individuals who return public housing units within sixty days of a request, or spontaneously before a request is made, are eligible for an 80% reduction in administrative fines.