Urban planning and construction law is aimed at ensuring that construction activities are developed in accordance with the planning rules and regulations so as to protect the local geography and territory, which is of great public interest. The penalty system put in place with regard to building and construction offences is an essential part of the broader framework underlying environmentally sustainable governance. Here, lawmakers are constantly called upon to mediate between two conflicting needs: on the one hand, to stem the widespread phenomenon of unauthorized urban development, while, on the other hand, to favour the national economic development on which construction business has a significant impact.
The penalty system for urban development crimes is currently governed by presidential decree no. 380 of 6 June 2001 (Consolidated Law on construction – Text A). In particular, art. 44 of the Consolidated Law on development is worth pointing out as it enshrines the penalties imposed on the various facets unauthorized development can display.
This provision comes with penalties established within the framework of seismic legislation and buildings in reinforced concrete and metal structures (i.e., relevant technical building standards and regulations), which are also part of Consolidated Act no. 380/2001.
Landscape and environmental crimes complete the system of penalties in the development sector. In addition to crimes of destruction or defacement of natural beauty per art. 734 of the penal code, cases governed by art. 181 of legislative decree no. 42 of 22 January 2004 have been foregrounded. These punish unauthorized development carried out on landscape assets and properties or protected areas due to their landscape characteristics or because of notable public interest with a specific provision prior to the execution of the works, as well as on unauthorized extensive development affecting buildings or areas protected by law on account of their landscape value.
At a time of profound social, cultural and economic transformation, professionals must necessarily deal with the constant changes within the regulatory framework. This inevitably reflects on the ensuing criminal offences, where the law needs to be integrated with administrative regulations.
On the one hand, the ever-increasing regulatory sources and, on the other hand, the integration of urban planning and development law into the broader scope of territorial governance have prompted the defence counsel to deepen its knowledge in the field.
Baccaredda Boy Law Firm has gained significant experience in urban planning criminal law, offering legal assistance in numerous proceedings concerning urban development offences. In order to offer its clients adequate and thorough legal protection, Baccaredda Boy Law Firm has been collaborating productively with leading professionals in the field of administrative law. The Firm has been assigned a variety of cases over the years: chief among them, wind farms, unlawful real estate development, including a residential complex located in the university town of Pavia.