After the Regional Administrative Court (TAR) condemned the Casamicciola municipality, the building's safety measures begin.


The matter of the building on Via Cretaio in Casamicciola, which needed to be secured, finally seems to be coming to a close. The stability of the apartment located in the "Parco Mare Verde" condominium had been severely compromised by illegal construction carried out by the owner below.
But the Municipality, despite having already issued an ordinance in 2022 to restore safety and, in the meantime, evacuate the uninhabitable home, remained inactive. So much so that the interested party, represented by attorney Gianpaolo Buono, had to appeal to the Regional Administrative Court (TAR) to protect her rights. And in early 2024, the Court ordered the Municipality to take action to enforce that ordinance. The cost of the work will have to be recovered from those who carried out the illegal construction.
The Prefect of Naples was appointed commissioner ad acta, and he in turn delegated Prefectural official Dr. Rosa De Lucia. But the process was delayed, despite the inconvenience suffered by the owner of the evicted apartment, who already noted in her appeal that "the situation created is a source of serious financial, economic, and emotional harm to the appellant and her son, who have been deprived of their home."
Now Dr. De Lucia, replacing the inert Municipality, has adopted the resolution to contract to award the works to restore the safety of the building.
The commissioner ad acta cites the TAR ruling that upheld the appeal against the Municipality, "as a result of which the aforementioned judicial body ordered the Authority to act on the formal notice submitted by the appellant on March 17, 2023, by implementing Mayoral Order No. 9 of November 10, 2022, for the safety of the building, located in Casamicciola Terme at Via Cretaio No. 28, made uninhabitable by the unlawful works carried out by the owner of the property below the appellant's apartment, as described in the aforementioned order." With the restoration of the premises to their original state. Appointed in April 2024, De Lucia in September had appointed Engineer Gaetano Grasso, then head of Area V – Technical for the Municipality, as RUP. The fact remains that, amidst one obstacle after another, it was only last April that she managed to entrust the drafting of the executive project to Engineer Grasso. Antonio dè Sivo, with an office in Naples, and the preparation of the bill of quantities, construction management, and accounting by engineer Giosue Di Liello, with an office in Procida.

The project was delivered promptly, and now the commissioner has finally awarded the contract. Through direct negotiations on the Municipality's online platform, the project was awarded to the company "VR Costruzioni" of Pollena Trocchia for a net sum of €57,709.67, which, when added to safety costs and VAT, brings the total cost to €71,563.13.
Engineer Gaetano Grasso, currently responsible for Area VII, remains in office. Finally, the commissioner notes that "the assignment in question is to the detriment of the interested parties and the aforementioned sum must be recovered from them."
Having overcome the inertia of the Municipality of Casamicciola Terme, it is hoped that the safety measures will be carried out without further delays, allowing the owner and her son to finally return to their home.

Il Dispari