Among the cases that can trigger the extension of the building permit there is also the weather forecast? Adverse conditions can be considered events extraneous to the will of the license holder or technical-constructive difficulties. The judges of the Liguria Tar expressed themselves on the subject with a recent sentence (522/2023). Let’s find out what they established.
The case
Specifically, the case in question concerns a construction company that had obtained planning permission, granted in 2011, for the construction of three new buildings and the renovation of a cottage with volumetric expansion. The same enterprise however, she was unable to complete the work and had asked for one extension of 12 months. The reason? There had been 376 days of rain in the area, recorded by the Arpal station, forcing the yard to a long period of forced closure.
For the Municipality of originbut the extension of the building permit can only be granted in case of orange and red alert, therefore in the presence of the finding of a serious danger. Furthermore, the local administration added that in the meantime a new planning regulation had come into force with a lower manufacturability index and for which it is necessary for the holder of the building permit to have the qualification of professional agricultural entrepreneur.
For these reasons, again according to the Municipality to which it belongs, the building intervention not concluded within the expiry of the building permit is incompatible with the new urban planning legislation and, therefore, the building permit expires without the possibility of extension.
The sentence of the Tar of Liguria
According to the judges of the Liguria Regional Administrative Court, on the basis of article 15 of the Consolidated Building Act, the term for completion of the work cannot exceed three years from the start of the worksunless, before the deadline, you request one extension of the building permit.
The extension of the building permitstill according to the judges, it can be granted due to supervening facts, unrelated to the will of the permit holder, or in consideration of the size of the work to be carried out, its particular technical-constructive characteristics or technical-executive difficulties that emerged during the course of the works .
The Regional Administrative Court also specified that, according to prevailing jurisprudential orientation, if the works are in progress at the time the new town planning legislation enters into force, the permit does not expire and can be extended.
That said, the Tar ruled on the case in question, explaining that the adverse weather conditions can justify the extension of the building permit (even with yellow alert). For these reasons, the Municipality, before granting or rejecting the extension of the building permit, should verify the nature and effects of the atmospheric phenomena.
In conclusion the judges accepted the appeal and annulled the refusal of the Municipalityas the particularly adverse weather conditions were detected by the Arpal station and, moreover, the works began before the entry into force of the new urban planning legislation.