D IGHT PLANNING - demolition order - Failure to claim the property and the area of \u200b\u200bthe airport area for purposes of municipal assets - Order atypical unlawful.
An order for demolition without a complete and accurate identification of the property, area abutments for the acquisition of the municipal assets in case of default, pursuant to art. 31 of DPR 380/2001, must be considered atypical because it is different from unlawful legal model forecasts, as well as inappropriate for determining the proper conduct of the proceedings. That omission, in fact, far to the attitude purely formal defect, it is likely to affect the substantive point of view the interests of the author of the abuse, which, in the first place, must be put in a position to evaluate in terms of "cost-benefit", the opportunity to perform or not the order of demolition. The exact indication is also needed, since the effect scalers occurs immediately, and "by operation of law" at the end of the statutory period or extended by the competent authority to comply with the injunction to demolish, purchase with a title of the property free from any pre-existing constraints and weights. The document recording and transcription of the non then have only declarative nature: first, to oppose the transfer to the owner responsible for the abuse and take possession in the second, to oppose the transfer to third parties (ex multis Tar Puglia Bari , sect. III, No. 538/2006, Cass. Pen. Sec. pen. No 33297/2003).
JUDGEMENT: TAR Puglia - Lecce, Sec. III - November 26, 2009, No 2854
source: AmbienteDiritto.it
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