Buildings and walls located along roads must be maintained in a condition that does not endanger public safety or damage the road or its appurtenances. This means that owners must regularly check the condition of their structures and take action if there is deterioration, instability, or risk of collapse.
If a building or wall poses a danger, for example due to the risk of collapse, the prefect may order the owner to carry out the necessary works, such as demolition or reinforcement. Normally, this order follows a formal notice requiring the owner to act. In urgent situations, the mayor may take immediate measures to protect public safety.
If the owner fails to act within the specified time, the authority may carry out the work directly and charge all costs to the owner. This ensures that dangerous situations are resolved even if the owner does not comply.
Regarding retaining structures (such as support walls), responsibility depends on their purpose. If they serve only to support or protect private land, the costs of construction and maintenance fall on the landowner. If they are necessary to ensure the stability of the road, the costs are borne by the road authority.
When the structure serves both purposes, the costs are shared based on the interest of each party. The distribution is determined by the competent authority.
In the case of new roads, if retaining structures are built to protect adjacent land, the initial construction may be carried out by the road authority, but maintenance remains the responsibility of the landowners.
If landowners fail to carry out the required works, the same procedure applies: notice, intervention by the authority, and recovery of costs.
Anyone who fails to maintain buildings and walls safely is subject to an administrative fine. For the theory exam, it is important to remember that the safety of structures along the road is the responsibility of the owners, and authorities may intervene directly if necessary.
๐ Read the official text of Art. 30 on the ACI portal (Italian)
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