REAL ESTATE | The Council of State confirms Double Compliance Requirement in Building Amnesty Case

On 2 April 2026, the Administrative Court of Second Instance (Council of State) issued its judgment No. 2714.  The case concerned an appeal against a decision of the Regional Administrative Court (TAR) of Sardinia, which had dismissed a claim brought by a private individual seeking the annulment of a municipal measure denying her application for a declaration of compliance (so-called sanatoria edilizia) in relation to a property.In dismissing the appeal, the Council of State reiterated the scope of the “double compliance” requirement set out in Article 36 of Presidential Decree No. 380 of 6 June 2001 (Italian Consolidated Building Code). Under this provision, in order to obtain a building amnesty, the unlawful construction must comply with the applicable urban planning rules both at the time the violation was committed and at the time the application for regularisation is submitted.

The Court further clarified that such compliance must be assessed not only with reference to general urban planning instruments, but also in light of the relevant provisions of the Municipal Building Regulations.

Newsletter n. 117 – April 2026