Building amnesty: Deadline for prescription oblation

The deadline for prescription oblation due in relation to the instance of building amnesty can not 'start from the moment of completing the necessary documentation.

With regard to the works carried out on property subject to constraint-which is an essential condition for the approval of the authorities responsible for the protection of the bond itself to art. 35, paragraph 19, L. n. 47 of 1985 expressly provides that the term referred to comma12 of the same Article shall be valid from the issuance of the opinion referred to in subsection art. 32 of the same law.

The specific provision is linked to the general principle implicit in Article. 2935 of the Civil Code that limitation can not run until the day on which the right may be invoked (itself an expression of the ancient maxim that no contra valentem agere not currit praescriptio).

The running of the limitation period assumed-much in favor of the PA for any squaring, as in favor of private, any redemption-that the practice of building amnesty is defined in all its aspects and, consequently, can be precisely determined, like the parameters established by law, and also the quantum of the obligation imposed on the private sector.

The starting point for the definition of the adjustment oblation payable in the event of building amnesty, therefore, can only run from the moment they are exactly aware of all the information for determining its size.

This moment can never coincide with the submission of the application, which, in this case, is unpunished the required documentation for the correct and definitive determination of the scale of acquiescence and its penalty.

(Decision of the State Council 16/02/2011, n. 1012)

08/04/2011

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Translated via software

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Source:

Italian version of CercaGeometra.it