11 Dec building abuse and demolition order

On the subject of building offenses, the judge, in implementing the demolition order of an illegal property used as a dwelling, is required to respect the principle of proportionality as developed by the jurisprudence of the European Court of Human Rights. The need to ensure respect for private and family life and home must therefore be considered, in art. 8 of the ECHR, while assessing any awareness of the violation of the law by the interested party as well as the time available to the same, after the irrevocability of the sentence, in order to achieve, if possible, the amnesty of the property or to solve the housing needs in a different way (Cass. 35640/21).