Building renovation , the Supreme Court on the changes introduced by Decree Making

It is necessary that it can operate the verification of the original consistency based on documentary evidence or certain other elements and verifiable
Due to legislative innovation consists of the modification introduced in the dPR no. 380 of 2001 (Consolidated Construction) due to the entry into force of the decree Fare (dl n. 69 of 2013, converted with amendments by Law no. 98 of 2013), "the requirement of respect for the identity of shape is no longer element unfailing waves make the differential diagnosis between the restructuring building in need of prior permission to build and the other minor conservative renewal assentibili also through the presentation, then, the DIA and, now, the SCIA ".
However, should not be overlooked that "in these cases is still needed in order to ensure that it remained unchanged even the existing volume, it is possible to operate the verification of the original texture on the basis of documentary evidence or other certain and verifiable (Court of Cassation, Section III criminal, February 7, 2014, n. 5912). "
He pointed to the Supreme Court Criminal, Sec. III, the sentence no. 26713/2015 filed June 25, 2015.
With specific reference to that legislative innovation, "this Court has had occasion to point out several times - remember the Supreme Court - which integrates the offense under Article. 44 of Presidential Decree no. 380 of 2001, the reconstruction of a demolished building without the prior issuance of the building permit, it is because regarding intervention of new construction and renovation of an existing building, which shall include the latter for a building structure with perimeter walls, horizontal structures and coverage, both because it is not applicable Article. 30 of Decree Law n. 69 of 2013 (converted into Law no. 98 of 2013), which, subject to the completion of repair or reconstruction of buildings or parts of them, eventually collapsed or demolished, the simplified scheme of SCIA, or in the past of the DIA, It involves assessment of existing consistency of the property on the basis of documentary evidence, the dimensional inspection of the site or to other certain and verifiable (Court of Cassation, Section III criminal, September 30, 2014, n. 40342). "
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