ARCHITECTURAL BARRIERS AND STATUTORY DISTANCES: when exemptions are permitted 68 L’AVVOCATO RISPONDE COSTANZA NUCCI ED EDOARDO TOSCANI* A RECENT RULING BY THE COURT OF CASSATION CLARIFIES THE LIMITS OF EXEMPTIONS FROM DISTANCE REGULATIONS FOR WORKS AIMED AT REMOVING ARCHITECTURAL BARRIERS, STIPULATING THAT SUCH EXEMPTIONS APPLY SOLELY TO THE CONTEXT OF APARTMENT BUILDINGS 79 of Presidential Decree No. 380 of 6 June 2001 (Consolidated Building Act), serves as the point of reference. The first paragraph establishes the general rule of the derogation, according to which “the works referred to in Article 2 may be carried out in derogation from the distance requirements laid down in building regulations, including for courtyards and cloisters within buildings or shared by, or for the common use of, several buildings”. This provision allows the limits imposed by local building regulations, which often stipulate specific distances between buildings, to be exceeded. The second paragraph, however, introduces a fundamental exception to this derogation, stipulating that “This is without prejudice to the obligation to comply with the distances referred to in Articles 873 and 907 of the Civil Code in cases where there is no space or area of common ownership or use between the works to be carried out and neighbouring buildings”. In essence, whilst the possibility of derogating from the distances provided for in building regulations remains, the obligation to comply with the minimum distances laid down in the Civil Code (three metres between buildings under Article 873 of the Civil Code and three metres for direct views and balconies under Article 907 of the Civil Code) cannot be waived if the development directly borders on another person’s property, without the intervention of a common area. THE SUPREME COURT’S RESTRICTIVE INTERPRETATION In judgment no. 11930/2025, following on from previous rulings, the Supreme Court established the following clear and decisive principle: the entire mechanism for derogation provided for in Article 3 of Law 13/1989 (first and second paragraphs) applies exclusively in the context of apartment buildings. The purpose of the legislation, in fact, is to resolve conflicts of interest that may arise within the same building or apartment complex, where GROWING awareness of the needs of people with disabilities has prompted the legislator to introduce regulations aimed at promoting the removal of architectural barriers. However, the application of these regulations can give rise to disputes, particularly when the installation of external lifts or platforms interferes with the distances between buildings. In such situations, it is necessary to balance the right to mobility and health with the right to property. Judgment No. 11930 of 6 May 2025 of the Court of Cassation provided a restrictive and clarifying interpretation of the legislation, precisely outlining the scope of application of the permitted exemptions to facilitate building accessibility. THE RELEVANT REGULATORY FRAMEWORK: ARTICLE 3 OF LAW NO. 13 OF 9 JANUARY 1989 Article 3 of Law No. 13 of 9 January 1989, now incorporated into Article
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