Guido Inzaghi commented in Milano Finanza on the acquittal judgment in the Via Stresa Tower case, a decision that may have significant implications for the future of urban planning in Milan.
According to Inzaghi, the judgment is particularly noteworthy as it may help shift the debate from the criminal courts back to the administrative law sphere, thereby providing greater certainty for both market operators and public officials responsible for issuing building titles. The case concerned the use of direct building titles for a development which, according to the prosecution, should have been preceded by the approval of an implementation plan. The Court acquitted the defendants on the grounds that “the facts do not constitute a criminal offence”.
The significance of the decision extends beyond the specific proceedings. The case represents a test for one of the most debated issues in recent years: whether certain developments may lawfully be carried out through a SCIA or a building permit without the prior approval of an implementation plan.
However, the central issue emerging from Inzaghi’s analysis is the need for greater regulatory clarity.
While the judgment may contribute toreducing the uncertainty that has affected Milan’s real estate sector, it does not appear, by itself, sufficient to ensure a full recovery of development activity.
The new rules adopted by the Municipality following the commencement of the investigations must now coexist with planning instruments conceived under a different regulatory approach, potentially giving rise to interpretative inconsistencies.
For this reason, according to Inzaghi, the system requires a structural intervention: first, a possible revision of the Consolidated Building Act (Testo Unico dell’Edilizia) to clarify the distinction between building refurbishment and new construction; on the other hand, a revision of the PGT consistent with the new interpretative approach.
The Milan case once again demonstrates that the key issue is not merely the outcome of judicial proceedings, but rather the establishment of a clear, stable and predictable regulatory framework.
Such certainty is essential to enable investors to commit capital, public authorities to make decisions and cities to plan their future development.
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