Art. 39 RLE Regolamento di applicazione della legge edilizia (RLE)

52.2010.299 · ti (art. 39 RLE)

Appeal Regarding Agricultural Outbuilding Reconstruction in Protected Village Core

The court partially upheld the appeal based on the scope of application of this article regarding substantial transformations of existing constructions in conflict with new law.

52.2008.75 · ti (Art. 39 RLE)

Zoning Conflict Over Industrial Expansion in Residential Area

This article concerns transformations of existing buildings that conflict with building prescriptions not related to zone function, applied to the vertical extension (super-elevation) of the old workshop.

52.2009.285 · ti (art. 39 RLE)

Petitioners v. Municipality (Veranda Permit Denial)

This provision was discussed in relation to the non-substantial transformation exception, which was ultimately deemed inapplicable.

52.2009.60 · ti (Art. 39 RLE)

Building Permit Annulment Upheld Over Setback Violation

The court rejected the appeal because the planned intervention exceeded the limits of substantial transformations allowed for existing buildings that contrast with new law.

52.2008.18 · ti (art. 39 RLE)

Property Owner Appeal Regarding Retroactive Building Permit for Veranda Window Replacement

Cited in the final decision preamble, although the application of this article was ultimately deemed unnecessary for the decision on the merits.

52.2008.70 · ti (art. 39 RLE)

Appeal Regarding Substantial Transformation of Non-Conforming Stable Near Property Line

The appeal was granted and the challenged decision annulled because the building alteration violated this article concerning transformations of existing constructions.

52.2007.174 · ti (Art. 39 RLE)

Mobile Antenna Height Zoning Dispute

The court used this provision to deny permission for substantial transformations of existing structures that are in contrast with new law, even if they could potentially be authorized under certain conditions.

52.2006.413 · ti (art. 39 RLE)

Barn-to-Dwelling Conversion Permit Annulled Due to Non-Compliance with Substantial Transformation Rules

The substantial transformation (vertical expansion) was deemed unauthorized because the existing construction was in contrast with the distance rules introduced by later law, as regulated by this article.

52.2006.62 · ti (Art. 39 RLE)

Municipality v. State Council on Mobile Phone Antenna Height Regulation

Used to determine that the modification (installation of the antenna) could be authorized despite the existing building contradicting the new law because it did not prejudice public or neighboring interests.

52.2006.133 · ti (Art. 39 RLE)

Revision Granted: Erroneous Basis for Roof Alteration Denial

Cited regarding transformations of existing buildings that do not comply with new regulations.

52.2004.326 · ti (art. 39 RLE)

Neighbor's Appeal Against Building Permit for Vertical Enlargement Upheld Due to Zoning Violations

Cited in the preamble of the decision ('visti gli art...') as a basis for the ruling, although the core reasoning focused on NAPR/VB.

52.2005.267 · ti (art. 39 RLE)

Property Owners v. Municipality (Building Permit Revocation)

Applied to justify allowing the appeal because the non-compliance with distance rules constitutes a non-substantial transformation of an existing building.

52.2004.398 · ti (art. 39 RLE)

Mobile Telephony Antennas on Apartment Building Facade Permit Appeal

This article of the cantonal law was cited in the enumeration of legal bases before the operative part.

52.2005.219 · ti (Art. 39 RLE)

Municipality v. Retail Commercial Center Expansion Denial

Cited in the grounds for rejecting the appeal, relating to the maintenance of legitimately built constructions that become non-compliant.

52.2005.187 · ti (Art. 39 RLE)

Building Permit Enlargement Upheld Despite Setback Concerns

This article was the main ground used to assess the substance of the appeal regarding the transformation of an existing building conflicting with new law.