32709 - Public Works and PlanningLaw

Learning outcomes

At the end of the course, the student knows the legal principles of urban planning regulations concerning the environment and public works. You know the main mechanisms of the most relevant subjects which from a juridical-institutional point of view are part of the context in which the architectural and urban planning activity takes place.

Course contents

GENERAL AND INTRODUCTORY NOTIONS

- Definition of the subjects of the course: government of territory, urban planning, construction, public works

- The discipline and competence on the transformations of the territory: from the unification of Italy to the Constitution of the Republic to today's developments

- The system of sources of law

- Organization and activities of the public administration

URBAN PLANNING

- State law and regional laws (with specific regard to Emilia-Romagna)

- Supra-municipal and municipal planning

- "Cascade" planning

- Project planning

- The instruments of concertation

BUILDING

- Characters and regime of the "right to build" ("jus aedificandi")

- State law and regional laws (with specific regard to Emilia-Romagna)

- Building permit and similar instruments

- The onerousness of bulding activities

- Abuses and regularizations

- Particular disciplines and fulfilments:

+ hygienic-sanitary regulations

+ technical regulations

+ works in reinforced concrete

+ anti-seismic legislation

+ fire regulations

+ site safety

- Concentration of proceedings: Conference of services; unique deck for building activities; unique desk for business activities

THE MAIN SPECIAL REGULATIONS

- Cultural heritage

- Landscape

- Environment

PUBLIC WORKS

- Public works and works of public interest

- Service conferences and program agreements

- Expropriation for public utility buildings

- Public works contracts

- Contracts for engineering and architectural services

Readings/Bibliography

Both the following volumes, the first in full, the second limited to the parts better indicated below:

1. Paolo Stella Richter, Diritto urbanistico. Manuale breve, VII ed., Milano, Giuffrè, 2022 [or more recent edition if available];

2. Daria De Pretis, Anna Simonati (a cura di), Diritto urbanistico e delle opere pubbliche, IV ed., Torino, Giappichelli, 2021 [or more recent edition if available], limited to the following parts:

- chapter IV of part II: Silvia Pellizzari, Le opere pubbliche: nozioni fondamentali

- chapter V of part II: Christian Ferrazzi, La realizzazione dell’opera pubblica

- chapter VI of part II: Leopoldo Zuanelli Brambilla, L’affidamento dei lavori pubblici

Teaching methods

Frontal lessons.

Assessment methods

The type of test - whether written or oral - is defined during the academic year, in any case in advance of the exam sessions.

The evaluation of the test takes place as follows:

- for the oral tests, as a rule, three questions are formulated (with possible sub-questions for clarifications), the answers to which are worth from zero to ten points each. If there is a doubt about the sufficiency, or if the student wants an evaluation supplement to improve the mark, another question can be formulated, the answer to which is worth from zero to two points;

- for the written tests, as a rule, six questions are formulated, the answers to which are worth five points each;

- for both types of test, honors are awarded where the teacher recognizes a particular mastery of the contents and/or brilliance of the presentation.

Teaching tools

Students of the University of Bologna can access the most important databases of legislation, jurisprudence and doctrine via the following URL:

http://www.biblioteche.unibo.it/portale/strumenti/proxy

Office hours

See the website of Leonardo Zanetti