Non-application of the Building Regulations for misrepresentation of reality: sentence no. 84 of the TRGA of Trento. A decision between administrative and local legislation
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Abstract
With sentence no. 84 of 2022, the Regional Court of Administrative Justice of Trento excluded the application of a provision of the municipal administration of Ziano di Fiemme which required the rejection of a building permit application presented by a construction company which intended to demolish and reconstruct a building. The decision is interesting because, by censoring the choices of municipal regulations, it restores reasonableness to a disproportionate rule of law. The non-application of the regulatory provision does not, of course, entail its removal, but it can be a stimulus for the future modification of this legislation
Keywords
- permission to build
- administrative judge
- basement rules
- town planning regulations
- municipal regulations
