The Legislative Decree no. 42 of 2004, better known as the Code of Cultural Heritage and Natural Landscape, after a long gestation, represented the achievement of a unification, harmonization and especially coordination process of the many regulatory instruments that previously governed the subject.
The above mentioned law transposes and aligns itself with the old Consolidation Bill referred to in Legislative Decree nr. 490 of 1999.
Under the Code of Cultural Heritage and Natural Landscape, some of the most important notions on the subject are punctually defined, including:
- Landscape in art. 131;
- Landscape assets in art. 134;
- Real estate and areas of considerable public interest in art. 136;
- Areas protected by law in art. 142;
- Landscape territorial plan in art. 143.
The sanctioning system is regulated by articles 167 et seq. and with the innovations introduced by Corrective Decree no. 157/2006, the punitive system has been completely modified by overcoming the previous approach which involved the alternation between the restoration to the original condition (remissione in pristino) and the financial obligation.
Currently, the provision concerning the restoration to the original condition or the application of the financial obligation are strictly established by the law and are not left to the discretional decision of the Public Administration.
In the event of a breach of the obligations provided for by the aforementioned Code, the offender is punished with a duty to restore to the original condition, within the prescribed terms and at his own expenses, with a few exceptions for minor infringements.
We ensure extensive environmental advice and legal assistance in criminal, civil and administrative proceedings regarding the protection of cultural heritage and natural landscapes.
We assist public and private subjects to carry out extraordinary corporate transactions, which involve the transfer and alienation of artistic and cultural assets, as well as any procedures relating to environmental restrictions, pursuant to art. 45 of Legislative Decree 42/2004.