LEGISLATION FOR THE MANAGEMENT OF THE BUILT AND THE TERRITORY
First semester
Frequency Mandatory
- 6 CFU
- 48 hours
- Italian
- University campus of Gorizia
- Obbligatoria
- Standard teaching
- Written and Oral Kindred
- SSD IUS/10
- Advanced concepts and skills
Knowledge and understanding
At the end of the course, students will have to demonstrate knowledge and understanding of the discipline and the fundamental institutions of urban planning and building law.
Applying knowledge and understanding
At the end of the course, the student must be able to understand the legal institutions aimed at determining whether and to what extent an area can be subject to building transformation interventions.
Making judgements
At the end of the course, the student must demonstrate that he is able to perceive the differences between the different planning levels and the different types of building interventions
Communication skills
The oral exam aims to verify the student's ability to use the concepts learned during the course effectively, appropriately and with specific language.
Learning skills
At the end of the course, the student must demonstrate that they are able to apply the minimum knowledge, skills and competences provided for in this syllabus.
It is necessary to have an ability to understand the written regulatory text and the ability to identify the reason underlying a rule.
Basic notions on the fundamental principles of administrative law and urban planning law: the principle of legality, the procedure and the provision, the subjective situations of subjective law and of administrative interest.
Urban planning and construction: the legal coordinates of the subjects.
The ultimate object of urban planning authority: the conformation of the territory and the right of real estate property.
The division of legislative power between the State and the Regions in urban planning and construction matters.
Cascade planning.
Urban planning.
The evolution of territory planning from the plan to the project.
Differentiated interests: landscape, cultural heritage, sector planning.
The difference between conformation and substantial expropriation.
The expropriation procedure: declaration of public utility and expropriation decree.
The criteria for determining the compensation in the event of expropriation.
The interventions of transformation of the territory: the different qualifications.
Urbanization charges.
The change of intended use.
Building abuse and related sanctions.
Notes on the protection of the third person.
Paolo Stella Richter, Diritto urbanistico. Manuale breve. Giuffrè 2022
or
Civitarese Matteucci Stefano, Urbani Paolo, Diritto urbanistico
Organizzazione e rapporti, Giappichelli, ult. ed.
There will be an illustration of the fundamental institutions in the light of doctrinal reflections, analysis of the normative texts and jurisprudence.
Oral examination.
In front of a collegial commission, in presence, questions will be asked on topics relating to the course program however addressed in class.
The first question is a student choice.
during the exam the Commission will verify the substantial understanding of the legal institutions.
Absolute rigor in the use of legal language will not be expected as this is the only exam in this area.
The score is awarded by means of a vote expressed out of thirty