Lawyer Todarello explains the absurd construction deadlock caused by the investigations

Fabio Todarello is analytical, meticulous and scrupulous. He applies the principle of cause and effect as a physicist would, even though he is a lawyer by profession. It is no coincidence that he practises as a lawyer specialising in administrative law, arguably the most competent in the Milan Bar in the field of town planning. He is part of Carlo Rusconi’s defence team, alongside Federico Papa: Rusconi is the developer who emerged victorious (at first instance) from the ‘Torre Milano’ cases – the building project on Via Stresa that came under scrutiny in the Milanese construction investigations and was the subject of the first trial held this summer. The judges’ reasons for their verdict have recently been published and are very interesting.

We asked Mr Todarello: in your view, what significance does this ruling – the first of its kind – hold within the broader context of issues relating to urban planning in Milan? “It is a very clear-cut ruling, which does not require much interpretation,” he told Il Foglio: “The judge has ruled in favour of the developers on every point. She has accepted all their arguments. In summary, the ruling states that, prior to 2024, they operated correctly, in accordance with the regulations. Subsequent rulings, two years ago, changed the situation.” Or rather, they muddied the waters. “Yes, in fact there have been various types of rulings, and now it’s a bit of a mess.” One thing, however, seems certain: there was no corruption, no abuse of power, nor any other offences of this kind. “Yes, that is undisputed. None of what has been written in many newspapers is true: the possibility of any corrupt practices has been categorically ruled out.” And this applies not only to the developers, but also to the local councillors involved. And what is the current situation regarding town planning in Milan? “From a town-planning perspective, and also in terms of the municipal administration’s activities, Milan is completely paralysed, at a complete standstill. Building permits are not being issued; indeed, they are being refused in a truly improper and specious manner, simply because there is a fear of taking any stance at all. More often still, however, nothing is done; we remain in a state of total deadlock, of total inaction. It is not just my view: this is stated in a ruling by the Regional Administrative Court (TAR), which went so far as to write that either the administration does what it is required to do, or it is prepared to appoint an ad acta commissioner”. This ruling dates from last August: a finding that the ‘stagnation’ of the Milan City Council is unlawful.

How do you think we can resolve this, lawyer? “With a national law that clarifies everything once and for all. Or rather: one that states that what is already perfectly clear is reaffirmed even for those who think otherwise. An authoritative interpretation.” What are the consequences of this administrative deadlock in the medium term? For example, is there a risk of legal action by developers against the local council? “There are already quite a few lawsuits and there will be more and more, with claims for damages against the local authority. But the real problem in the medium term is that a genuine shortage of new-build properties is developing. The mechanism for producing new homes in Milan has been at a standstill for at least five years, that is, since the investigations began. And there is no end in sight; the administrative machinery has ground to a halt. This means that before this machinery starts up again, we must assume it will take at least another three or four years. The consequence is that we will face a gap in new housing production of at least eight years, if not ten according to the most pessimistic estimates. Such a standstill in housing construction in Milan is not only driving away a substantial amount of foreign investment – running into billions – but also means that, given Milan’s continued ability to attract people, inevitably due to the principle of supply and demand, we will continue to see a massive rise in the prices of the existing housing stock and of the very few small-scale new-builds that manage to be completed.”