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, which punish unauthorized development carried out on landscape assets and properties or areas protected by the law or by the competent authorities.
In this respect, the countless sources of regulatory laws and the relevant bodies assigned to territorial governance prompt the defence counsel to expand their knowledge.
Baccaredda Boy Law Firm has gained significant experience in urban planning criminal law, offering legal assistance in numerous proceedings concerning urban development offences. 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.
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.