La Scia edilizia, ovvero del controllo soltanto eventuale a tutela dell’interesse pubblico

Abstract

The essay addresses the causes and legitimacy of the recent trend in many municipalities to subject the “Scia” in construction matters only to a spot-check. Regarding the reasons of such tendency, the essay focuses on the dwindling resources and employees available to municipalities and, at the same time, on the significant increase in the number of Scia submitted in recent years. The legitimacy of spot-checking is examined considering the nature of the Scia, the division of legislative powers between the State and the Regions in construction matters, and the constrained nature of the control to be exercised over the Scia.