It could be a turning point or simply an oversight that will be corrected before the publication in the Official Gazette of the law converting the Simplifications-bis Decree. I am talking about the provision contained in the new article 33-bis, paragraph 1, letter d) of Legislative Decree no. 77/2021 (yet to be confirmed) which intervenes on art. 119 of Law Decree n. 34/2020 (Relaunch Decree) in the field of
Superbonus 110%, free construction, CILA and SCA
Going into detail, I refer to the new paragraph 13-quinquies introduced in art. 119 of the Relaunch Decree which provides:
“In the case of works already classified as free construction activity pursuant to article 6 of the consolidated text of the legislative and regulatory provisions on construction, referred to in the decree of the President of the Republic June 6, 2001, n. 380, of the decree of the Minister of Infrastructure and Transport 2 March 2018, published in the Official Gazette no. 81 of 7 April 2018, or regional legislation, only the description of the intervention is required in CILA. In the case of changes in progress, these are communicated at the end of the works and constitute an integration of the presented CILA. At the conclusion of the works, the certified notification of the start of the activity referred to in article 24 of the decree of the President of the Republic 6 June 2001, n. 380“.
A paragraph that must be analyzed and discussed in its 3 different periods.
The first provides that any free building interventions should simply be described in the CILA relating to the superbonus 110% intervention.
The second period “solves” the problem of variants in progress (on which more than one technician had expressed doubts about the methods of communication). For these, the possibility of communication at the end of the works and as an integration of the presented CILA is established.
The certified signaling of viability: the 3 scenarios
We now go to the most important period and on which we will have to discuss a lot, the third. This provides that “At the conclusion of the works, the certified notification of the start of the activity referred to in article 24 of the decree of the President of the Republic 6 June 2001, n. 380“. Meanwhile, the reference to certified notification of the start of business it is certainly an oversight of the legislator that referring to article 24 of Presidential Decree no. 380/2001 clearly intended to speak of the certified notification of viability (SCA).
But the aspect that will need more clarification is another one because at least 3 different scenarios are envisaged:
- in the first, the SCA should not be presented for free building interventions referred to in the paragraph itself, but it would be interesting to understand which free building intervention would need to be updated for accessibility;
- in the second, the SCA should not be presented for interventions that require CILA, therefore all those referred to in art. 119 with exclusions for those who need the demolition and reconstruction of the entire building;
- in the third and last scenario, the SCA should not be presented for all the interventions referred to in art. 119.
The art. 24 of the Consolidated Building Act
Three completely different scenarios with different effects on which to date it is only possible to make hypotheses that also take into consideration what in the past I defined as a possible “oversight” of the legislator in defining the contents of art. 24 of Presidential Decree no. 380/2001.
The first two paragraphs of art. 24 provide for:
“1. The existence of the conditions of safety, hygiene, healthiness, energy saving of the buildings and systems installed in them, assessed in accordance with current legislation, as well as the conformity of the work with the project presented and its practicability are certified by means of certified reporting .
2. For the purposes of practicability, within fifteen days from the completion of the finishing works of the intervention, the person holding the building permit, or the person who submitted the certified notification of the start of activity, or their successors or successors in title , submits the certified notification to the one-stop shop for construction, for the following interventions:
a) new buildings;
b) reconstructions or elevations, total or partial;
c) interventions on existing buildings that may affect the conditions referred to in paragraph 1.“.
The first paragraph establishes that the existence of the conditions of safety, hygiene, healthiness, energy saving of the buildings and systems installed in them must be certified by a professional through certified reporting. The second paragraph, however, establishes that in the event of interventions that modify the aforementioned conditions “the person holding the building permit, or the person who submitted the certified notification of the start of activity, or their successors or successors in title, submits the certified notification to the one-stop shop for construction“He speaks, therefore, of interventions that require building permits and SCIA forgetting (deliberately or not, we still do not know) the interventions that require CILA.
It is clear that those who work in the world of renovations know that even a simple redistribution of interior spaces that requires CILA must be presented with an SCA. But the doubt remains and the doubts are better to have them and resolve them before the publication of a standard than after …
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