What qualification is needed for closing a balcony 9 square meters?
The Council of State responds, rather briefly, in sentence 3494/2024 of last April 17, concerning the appeal against the demolition order issued by the municipality for some illegal works.
The balcony of contention
The appellant was the owner of a property on which she had carried out a renovation intervention with closure of a 9.00 m2 balcony in order to make the same prospect homogeneous with other interventions carried out in almost all the apartments of the existing building, an intervention which the municipality had ordered to be demolished.
The Campania TAR rejected the appeal because it considered that the intervention in question should be classified as a new construction with expansion of the propertysignificant in terms of volume and surface area, as well as having an impact on the urban planning load and also on the façade, excluding the possibility that the terrace could be qualified as relevance or even less as a technical volume.
Replacement of pergola with veranda on the balcony: it is new construction, building permit is required
The construction of a veranda in place of a pergola cannot be classified as an extraordinary maintenance intervention but as a new construction, having involved the creation of new volumes.
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The theory of light building renovation
The appellant, with the first reason, criticizes the conclusions reached by the TAR regarding the need for the building permit to carry out the closure of the balcony, arguing that these would have been appurtenant works attributable to the building typology of extraordinary maintenance and/or light building renovation; we also insist on qualifying the closed balcony as a mere technical volume.
Nothing to do: a building permit was needed for this intervention
Palazzo Spada rejects the appeal starting from the assumption that the contested building intervention consisted in elevation of a perimeter wall made of masonry blocks equipped with a window with an aluminum frame.
Among other things, the The area in which the property is located is subject to a landscape restriction and is classified by the Urban Regulation as an urban planning recovery and restoration area, which entails a general ban on the construction of both new buildings and increases in existing volumes.
This building regime in itself implies the illegitimacy of the intervention carried out which cannot fall within the scope of extraordinary maintenance; nor can the new volume created by closing the balcony be considered a technical volume since it constitutes an extension of the room that allowed access to the balcony, in which there was no technical system.
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