There is broad consensus on the need for legislative reform, and several proposals are currently pending before Parliament. What appears to be lacking, however, is a clear awareness both of the urgency of such reform and of the need for an organic, system-wide approach to the subject matter.
In an article published in Il Sole 24 Ore, Guido Alberto Inzaghi addresses the operational challenges arising from the interpretation of urban planning and building regulations, underscoring the urgent need for a comprehensive overhaul of the legal framework.
Starting from the conflicting case law surrounding the definition of “building renovation” under Presidential Decree No. 380/2001, Inzaghi highlights how, in the fields of urban planning and construction law, statutory provisions often lend themselves to multiple – and mutually incompatible – interpretations, inevitably generating legal uncertainty. In other words, “reading the statute is not enough.”
This uncertainty is compounded by the fragmented nature of the regulatory framework and has tangible consequences: stalled construction sites, families left in limbo, and liability risks for those who have followed practices previously deemed legitimate. The negative effects extend further, impacting investment flows and employment.
Inzaghi therefore outlines guiding principles for reform of the regulatory framework, advocating greater cooperation between the public and private sectors and, above all, the establishment of a clear and coherent legislative system, capable of restoring legal certainty in a timely manner.
Click here for the full article: Edilizia e urbanistica, quando leggere la norma non basta | NT+ Diritto