Urban Law
A.Y. 2024/2025
Learning objectives
The course: a) will guide the students in learning the principles and the general rules of the urban law; b) will give to the students the possibility to be independent in applying the principles and the general rules to the specific cases; c) will give to the students the possibility to be able to take argued and legally valid positions in relation to the problems covered by the lessons.
Expected learning outcomes
At the end of the course, the student will have a good knowledge of the principles and the rules of the urban law; he will be able to find the juridical solution for the concrete cases and he will also be able to extricate himself in the legislation of the matter. The student will enrich his technical-legal language and he will also know how to connect all the learnt different topics covered by the program
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
Urban Planning Law
1. Introduction
a. What is Urban Planning Law?
b. The general principles of the administrative activity.
2. The evolution of Urban Planning Law
a. From urban planning to territorial governance.
b. The regulation of the territory and the division of competencies between administrative entities.
c. The connection with Environmental, Cultural Heritage, and Landscape Law.
3. Planning
a. The relationship between planning and property.
b. The so-called 'conformation power' (potere di conformazione).
c. The different levels of the planning activity.
d. The approval of the municipal zoning plan and the safeguarding measures (misure di salvaguardia).
4. The implementation of the municipal zoning plan
a. The implementing plans.
b. The so-called 'consensual urban planning' and the relevant town planning agreements.
5. Infrastructure Programming and Public Debate
a. The rules for public construction.
b. The execution of public works.
6. Urban Regeneration
a. The interdisciplinarity of Urban Planning Law.
b. Land consumption.
7. Common Goods
a. Experiences of shared governance.
8. The "Milan Case"
Building Law
1. The construction activity
a. The sources of law.
b. The regulation under the Civil Code.
c. The regulation under the Presidential Decree No. 380/2001 (so-called "Testo Unico dell'Edilizia")
2. The regulation of building interventions
a. The categories of building works.
b. The building titles.
c. Exceptions.
d. The town planning charges.
e. The urbanization works.
3. Building abuses and the power of control over construction activity
4. The protection of third parties
5. The certificate of use and occupancy ("certificate di agibilità")
1. Introduction
a. What is Urban Planning Law?
b. The general principles of the administrative activity.
2. The evolution of Urban Planning Law
a. From urban planning to territorial governance.
b. The regulation of the territory and the division of competencies between administrative entities.
c. The connection with Environmental, Cultural Heritage, and Landscape Law.
3. Planning
a. The relationship between planning and property.
b. The so-called 'conformation power' (potere di conformazione).
c. The different levels of the planning activity.
d. The approval of the municipal zoning plan and the safeguarding measures (misure di salvaguardia).
4. The implementation of the municipal zoning plan
a. The implementing plans.
b. The so-called 'consensual urban planning' and the relevant town planning agreements.
5. Infrastructure Programming and Public Debate
a. The rules for public construction.
b. The execution of public works.
6. Urban Regeneration
a. The interdisciplinarity of Urban Planning Law.
b. Land consumption.
7. Common Goods
a. Experiences of shared governance.
8. The "Milan Case"
Building Law
1. The construction activity
a. The sources of law.
b. The regulation under the Civil Code.
c. The regulation under the Presidential Decree No. 380/2001 (so-called "Testo Unico dell'Edilizia")
2. The regulation of building interventions
a. The categories of building works.
b. The building titles.
c. Exceptions.
d. The town planning charges.
e. The urbanization works.
3. Building abuses and the power of control over construction activity
4. The protection of third parties
5. The certificate of use and occupancy ("certificate di agibilità")
Prerequisites for admission
There is not a specific formal prerequisite.
However, in order to understand properly all the topics included in the course, the student has to know the rules of the administrative law.
However, in order to understand properly all the topics included in the course, the student has to know the rules of the administrative law.
Teaching methods
Frontal lessons with an active participation of the students, assured also planning some lectures referring to the law and to the jurisprudence.
The lessons will provide a general framework of the topics included in the program.
During the year, we will invite other researchers, professors or experts for some focusing lectures.
We will announce to the students the organization of seminars, workshops and/or conferences, so they will be able to partecipate.
On the Ariel e-learning page (ariel.unimi.it) the students will be able to find the calendar of the lessons and all the news about the course.
The lessons will provide a general framework of the topics included in the program.
During the year, we will invite other researchers, professors or experts for some focusing lectures.
We will announce to the students the organization of seminars, workshops and/or conferences, so they will be able to partecipate.
On the Ariel e-learning page (ariel.unimi.it) the students will be able to find the calendar of the lessons and all the news about the course.
Teaching Resources
A. Simonati (a cura di), Diritto urbanistico e delle opere pubbliche, Giappichelli, Torino, ult. ed.
Papers and documents that you will find published in the Ariel website.
Papers and documents that you will find published in the Ariel website.
Assessment methods and Criteria
The student will be evaluated within an oral exam; the evaluation will be expressed with a mark from 18 to 30, with possible "laude". The intermediate evaluations won't be expected. The final oral exam will be evaluated considering the correctness of the contents, the argumentative clarity of the oral exposition and the student's skill to use a technically adequate language.
IUS/10 - ADMINISTRATIVE LAW - University credits: 6
Lessons: 42 hours
Professors:
Posteraro Nicola, Valaguzza Sara
Shifts:
Educational website(s)
Professor(s)