Project Development

Construction and renovation projects are governed by a complex set of public and private law requirements, both in Italy and in Germany. For a legally secure implementation, it is essential to assess regulatory obligations and contractual foundations comprehensively and at an early stage.

In Italy, this includes in particular compliance with planning and zoning regulations, the timely filing of building applications or notifications (such as SCIA or CILA), and the review of building permits and their consistency with the actual state of the property. At the same time, civil law aspects must be carefully considered – especially with regard to contracts with architects, construction companies, and contractors, including liability and warranty provisions.

In Germany, comparable attention must be paid to building permits, land-use plans, and zoning requirements, alongside the contractual framework for construction, renovation, and design services. Here, too, clearly structured agreements with architects, engineers, and contractors form the basis for ensuring accountability and avoiding disputes.

Only such an integrated approach – taking into account both public law constraints and private contractual relations – provides the necessary legal certainty and establishes the conditions for a successful and sustainable project.

Building Permits and Regulatory Framework

In Italy, building law provides for different forms of authorization depending on the nature and scope of the project. While new constructions and substantial structural alterations generally require a permesso di costruire (building permit), certain conversions or changes of use may be carried out on the basis of a so-called SCIA (Segnalazione Certificata di Inizio Attività). Minor works, by contrast, can often be notified through the simplified CILA procedure (Comunicazione Inizio Lavori Asseverata). Before commencing any project, it is therefore essential to determine carefully which form of authorization is applicable and whether additional permits – for example under heritage protection or environmental law – must be obtained.

In Germany, construction projects are likewise subject to a complex framework of public law requirements. As a rule, new buildings and major structural changes require a formal Bauantrag (building application) and Baugenehmigung (building permit). Depending on the federal state, simplified approval procedures (vereinfachtes Genehmigungsverfahren) may apply for smaller-scale projects. In addition, exemptions or special permits may be necessary in cases involving heritage protection, environmental concerns, or zoning restrictions. Careful preliminary examination is therefore indispensable to ensure compliance and avoid later objections by the authorities.

Contractual Design as a Key Success Factor

A central success factor in construction and renovation projects lies in the legally sound structuring of the underlying contracts. In my advisory practice, I draft and review agreements with architects and engineers as well as construction and service contracts with contractors and craftsmen. Particular attention is given to provisions on construction deadlines, acceptance, warranties, and liability, as these frequently give rise to disputes in practice.

Meticulous contractual drafting establishes clear responsibilities, defines the scope of performance, and enables reliable planning of costs and timelines. It not only serves to prevent future conflicts, but also ensures that legitimate claims can be effectively enforced should a dispute arise.

In both Italy and Germany, the careful legal design of construction contracts is therefore indispensable to secure the client’s interests and to provide a robust foundation for the successful execution of the project.

Communication with Public Authorities

For international clients in particular, coordinated communication with the competent Italian authorities is a decisive success factor. I represent their interests in permit procedures, attend on-site inspections, and ensure that all applications and supporting documentation are complete in substance, formally compliant, and submitted within the applicable deadlines. This approach helps to avoid delays and formal objections while significantly improving the prospects of a successful outcome.

Of central importance is the close alignment of legal reasoning with administrative practice, ensuring that projects are advanced efficiently and in full compliance with the law.

Assessment of Planning and Building Compliance

As part of my advisory services, I conduct a comprehensive analysis of the planning and building law status of a property. This includes verifying whether the building conforms to the permits granted and to the underlying plans, assessing the legal admissibility of intended alterations or changes of use, and identifying any restrictions or obligations that could limit its utilization. Relevant zoning and land-use plans are also taken into account, as they are often decisive for the legal feasibility of a project and, in practice, determine whether it can be realized.

Non-compliance may have serious consequences, ranging from the need for subsequent legalization procedures to official objections or restrictions on use that entail significant economic risks. To ensure a reliable assessment, it is often advisable to involve a locally based geometra or architect, whose technical expertise complements the legal analysis and allows for an accurate evaluation of the property’s structural and regulatory situation. In this way, potential risks can be identified at an early stage, laying the foundation for a legally sound and economically viable implementation.

Network

Particularly with regard to the Lombardy region and the Northern Italian lakes, I maintain a broad network of locally based geometri, architects, and building experts. Upon request, I cooperate closely with professionals already trusted by my clients, while also offering access to experienced partners from my own network. This collaborative approach ensures that legal advice and technical expertise are seamlessly integrated, allowing projects to be carried out both efficiently and with legal certainty.

In Germany, my practice is supported by established contacts in Baden-Württemberg and North Rhine-Westphalia, particularly with architects, surveyors, and construction experts familiar with regional requirements and administrative practice. This network enables me to combine precise legal guidance with reliable technical expertise on both sides of the Alps, ensuring that projects are handled with the same level of diligence and security across jurisdictions.

Dispute Resolution and Litigation

Should disputes arise – for instance as a result of delays, construction defects, or the denial of administrative permits – I assist my clients both in out-of-court negotiations and, where necessary, in proceedings before the competent civil courts. My primary objective is to reach an amicable settlement through a pragmatic and solution-oriented approach. Where such resolution cannot be achieved, I provide comprehensive representation throughout the litigation process, ensuring that my clients’ interests are pursued with the required precision and determination.