05974 - Town and City Planning Law

Learning outcomes

The aim of the course is to give a complete survey of the main profiles of Italian legal system of government of territory, in order to achieve professional skills. In particular, the lectures will be focused on the urban planning and the building regulation.

Course contents

• Urban planning law: an introduction.
• From “urban planning and building regulation” to “government of territory”: the allocation of the legislative power and of the administrative functions.
• Property rights in the Italian Constitution.
• Urban planning: description of legal paradigms and concrete models.
• Regional and provincial planning tools.
• The general territorial plan of Metropolitan City.
• The general regulatory plan: contents and effects.
• The making process of the general regulatory plan, the participation in the process and urban planning amendments.
• The urban planning power and administrative discretion.
• Urban planning choices and legitimate expectations.
• The “regionalization” of the territorial and urban planning tools: analysis of the main regional models.
• The implementing urban planning tools.
• The special plans .
• The expropriation in the public interest.
• The equalization and the compensation mechanisms, the rewards in the urban planning and buildings regulation.
• Public and private subjects in the territorial governance.
• Urban planning projects. Complex programmes.
• The urban regeneration processes. The issue of the soil conservation.
• Territorial planning and environmental dimension: the strategic environmental assessment.
• Territorial planning and public works.
• Scheduling, awarding and execution of public works.
• Territorial planning and commercial activities. The historic town centres.
• The differentiated interests. The cultural heritage .
• Focus: the landscape .
• The buildings regulation. The free building activity.
• The authorizations, in particular the building permit. The so called “Scia”.
• The control of the urban planning and building activities, liability and sanctions.

Readings/Bibliography

Handbooks (the following handbooks are not alternative and both must be entirely studied):

1) P. Stella Richter, Diritto urbanistico. Manuale breve, Milano, Giuffré, 2016;

2) F. Salvia, Manuale di diritto urbanistico, Padova, Cedam, 2012 (II edition or following, if available).

Supplementary teaching material will be published on AMS Campus.

Teaching methods

Lectures; seminars and workshops; case law analysis; class-rooms practice.

Assessment methods

The final exam will consist of an oral text concerning the whole contents of the course.

The attending students are allowed to take a written examination. More detailed information will be given during the lectures.

Teaching tools

The integrative teaching material will be published on AMS Campus.

Office hours

See the website of Tommaso Bonetti