The Regional Administrative Court (TAR) of Milan affirmed with Judgment No. 2748/2025 that an implementation plan is not necessary for buildings over 25 meters in height located within
already urbanistically consolidated areas.
The case concerning the nine-floor residential building constructed without an implementation plan on via Razza has concluded with a ruling in favor of the Municipality of Milan. The TAR rejected
the administrative appeal filed by the neighboring condominium, which requested the annulment of the building permits. The court ruled that, although the building exceeds 25 meters in height,
deviation from the provisions of the 1980 Regulatory Plan and the 1942 Urban Planning Law was permissible, due to the area’s consolidated urban structure and the presence of related public
services.
In its reasoning, the TAR stated: “Established case law has repeatedly affirmed that the requirement for an implementation plan — as a prerequisite for the issuance of a building permit — arises in cases where the area has not yet been urbanized, or where new development must be integrated into existing urban fabric, considering the realization or enhancement of public works, infrastructure, and essential community services. Consistent case law excludes the necessity of an implementation plan.”
SI – Studio Inzaghi remains available for any further clarification or analysis.
The full text of the TAR Milan judgment can be accessed here.