Administrative, Building, Building Permit, Building Assessment, Subject to Suspension or Termination, Exclusion, Cons. St., sect. IV, 19 April 2018, Judgment no. 2366
Nature of non-negotiating settlement of the provision
The building permit can not be submitted on condition, unless it is required by law
The building permit can not be subjected to conditions, whether suspension or termination, given the nature of a non-negotiating assessment of the provision, with the consequence that this title, once it is verified compliance with the current planning regulations, must be released from the Municipality without conditions that are not expressly provided for by a law (1).
(1) He recalled the Section that only with specific and limited reference to the hypothesis of the permit conditional on the acquisition of an act by another Public Administration the procedural modality of issuing conditional building permits must be considered legitimate, having regard to the general needs of the overall quickness and efficiency of the administrative action, as well as for the non-neutral effect of the passage of time for the addressees of the act.
In fact, in application of the general principle of proportionality, implying minimum possible sacrifice of the interests involved, the public administration must responsibly choose, in the exercise of its functions, the path – where necessary coordinated with that of other administrations – aimed not to aggravate unnecessarily the situation of the recipients of the administrative action, as required by art. 1, paragraph 2, l. 7 August 1990, n. 241; while, it is useless procedural increase (because it is not balanced by a sufficient reason of public interest) the arrest of a proceeding, which can instead continue under the condition precedent of the completion of another procedure presupposed (Cons State, section VI, 10 December 2015, No. 5615, Id., Section IV, 25 June 2013, No. 3447).
Source Administrative Justice
