Legal BIM in Italy: An Administrative Case-Law Approach
Legal BIM in Italy: An Administrative Case-Law Approach

Summary/Abstract: The evolution of new technologies in the construction sector has led to a new building method. In concrete terms, Building Information Modelling (BIM) has revolutionised the construction work method. Although the most significant BIM literature focuses on natural sciences, in Italy, BIM is also heavily used in public procurements. While the EU law, Article 22(4) Dir. 2014/24/EU, stimulated the application of building information electronic modelling tools, in 2017, in Italy, a Ministerial Decree, required the use of it for all public tenders over 100 million EUR from January 2019, which every year would have decreased until January 2025 with 1 million EUR (Article 6 MD no. 560 of 1st December 2017). Although this Ministerial Decree is not in force anymore, the new Code of Public Contracts of April 2023 confirmed the threshold and the temporal view. In other words, the Code of Public Contracts of 2023 requires BIM for all public tenders over 1 million euros starting from January 2025. So, while the EU only incentivised EU Member States, the Italian legislator included BIM as a mandatory requirement through a secondary source in 2017 or a primary source in 2023. This research values the role of Italian administrative judges in legal BIM. Its goal is to uncover the position of Italian judges that can also be used by other judges when they deal with similar issues. In addition, it considers whether new technologies have changed the approach that judges use when deciding public procurements where BIM is included.

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