REAL ESTATE | The Administrative Court on lawfulness of High-Rise Project: Demolition and Reconstruction Deemed Lawful under SCIA

On 6 October 2025, with judgment No. 3105, the Regional Administrative Court of Lombardy upheld the legitimacy of a 24-storey residential tower authorised through a SCIA (Certified Notice of Commencement of Works) as an alternative to a building permit.

The Court held that the project qualifies as a building renovation under Articles 3(1)(d) and 10(1)(c) of Presidential Decree No. 380/2001, as it involves demolition and reconstruction with alterations to the building’s shape and footprint. The intervention was deemed lawful on the basis of a sworn technical report submitted by the developer pursuant to Executive Decision No. 112/2018, which allows the certification of existing volumetric conditions in cases where archival records are incomplete or unavailable. This administrative decision – unchallenged by the claimant – was recognised as having full probative value.

The Court also confirmed the validity of the favorable opinion issued by the Landscape Commission, which authorised a deviation from the prescribed building alignment, finding no evidence of illogical reasoning or factual error.

Newsletter n. 111 – October 2025