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THE COMPLIANCE WITH SAFETY STANDARDS CERTIFICATE

  • 20/05/2022
  • |   24 Views
We often hear talk of compliance with safety standards certificate and/or habitability.
Actually, despite the different names, there have never been two different practices for issuing certificates or permits.
The habitability finally disappeared with the introduction of p.d. 380/2001, as modified by the so-called "SCIA 2 decree” (n. 222/2016), which introduced a single procedure to certify the agibility of any property, regardless of its intended use.
Let's see, in detail, how the institution has evolved.

THE OLD HABITABILITY

Before the p.d. 380/2001, there was a distinction between "habitability" and "compliance with safety standards".
In both cases, the certificates attested to the suitability of the building for a specific use.
Habitability concerned buildings and building units for residential use, while compliance with safety standards referred to all other non-residential buildings (offices, commercial premises, etc.). Buildings, or parts thereof, could not be inhabited or declared fit for habitation without authorisation from the mayor, granted after inspection by the health officer or a delegated engineer.
This authorisation was only granted if the construction had been carried out in accordance with the approved project, on condition that the walls were properly drained and in the absence of other causes of insalubrity (art. 221, r.d. 1265/1934).

CERTIFIED DECLARATION OF COMPLIANCE WITH SAFETY STANDARDS (S.C.Ag.)

The regulation of compliance with safety standards is provided for by art. 24 et seq. of the p.d. 380/2001, modified by art. 3 of the SCIA 2 decree.
Contrary to the previous discipline, it is no longer necessary to wait for the provision of the municipal authority in order to make use of the property: this can be used from the date of activation of the procedure at the request of the interested party.
The procedure is called the S.C.Ag. It consists of the electronic transmission, by a qualified technician (surveyor, engineer, architect), of a certified declaration, accompanied by the building's documentation. The declaration certifies that the property meets all the requirements laid down by law to be considered fit for habitation, as well as compliance with urban planning and building regulations.
The protocol office will return the "Receipt of deposit of the Certified Declaration", together with an original of the S.C.Ag., duly registered.

PURPOSE

The S.C.Ag verifies the existence of the following conditions:

* safety, hygiene, healthiness, energy saving of the buildings and the systems installed in them, as well as compliance with digital infrastructural obligations;
* the conformity of the work with the submitted project and its usability.

Failure to submit the report entails the application of a pecuniary administrative sanction ranging from € 77 to € 464.

PROPERTIES SUBJECT TO THE OBLIGATION

The S.C.Ag. may be total, if referring to the whole building, or partial (single building unit):

a) for single buildings or single portions of the building, provided that they are functionally autonomous, if the primary urbanisation works relating to the whole building intervention have been carried out and tested, and the related structural parts have been completed and tested, as well as the systems relating to the common parts have been tested and certified;
b) for individual building units, provided that the related structural works have been completed and tested, the systems have been certified and the common parts and the primary urbanisation works declared functional with respect to the building subject to partial compliance with safety standards have been completed and tested.

S.C.Ag. IN THE PRESENCE OF WORKS

The S.C.Ag. must always be requested if the property has been the subject of the following building works:

* new construction;
* reconstructions or additions, total or partial;
* residually, for interventions on existing buildings that may affect safety, hygiene, health, energy saving and (where applicable) digital infrastructural obligations.

The certified report must be submitted electronically to the municipality in which the building is located within 15 days of the completion of the work.

DOCUMENTATION REQUIRED FOR ISSUE

The following documentation must be attached to the S.C.Ag:

a) certificate of the director of works or, if not appointed, of a qualified professional;
b) certificate of static testing or declaration of regular execution made by the director of works (only in case of building works);
c) declaration of conformity of the works carried out with the current legislation on accessibility and overcoming architectural barriers;
d) the details of the declaration of cadastral updating;
e) declaration of the installation company, certifying the conformity of the systems installed in the buildings with the conditions of safety, hygiene, healthiness, energy saving prescribed by the regulations in force or, if provided for, certificate of testing of the same;
e-bis) certificate of readiness of the building for ultra-broadband, issued by a qualified technician for the systems envisaged by Decree 87/2008 of the Minister for Economic Development.

S.C.Ag. IN THE ABSENCE OF WORKS

The certified report can also be submitted in the absence of works, for buildings legitimately built but without accessibility, provided that they meet the requirements defined by interministerial decree to be adopted with the procedure of the Unified Conference (art. 8, legislative decree 281/1997).
In this case, the submission of the practice is not compulsory, but it is always advisable to proceed with the request depending on the added value attributable to the property unit when negotiating the rent or the sale price.

CERTIFICATE’S UPDATING

When the property already has a compliance with safety standards certificate, it is necessary to proceed with the request to update the certificate every time the following interventions are carried out in the property:

- increase/decrease of rooms;
- merging/fractioning of building units;
- change of use;
- demolition and reconstruction;
- a different assignment of house numbers to building units.


PARTIES ENTITLED TO APPLY

The S.C.Ag. can be activated:

* the holder of the building permit;
* the technician who drew up the certification;
* the director of works;
* the successors and assigns of the previous subjects.

The report may also be submitted by the purchaser as successor in title of the owner.
The assignment to draw up the S.C.Ag. must be signed by all the owners or successors in title, i.e. anyone who has a legally appreciable interest in the use of the property (owners and co-owners, tenants who have submitted ex DIA, SCIA, CILA etc.).

RESULTS OF THE SUBMISSION OF THE S.C.Ag.

If the municipality concerned ascertains that the property does not meet the necessary requirements to obtain accessibility, it rejects the application within 30 days of receiving it.
The compliance with safety standards can never be obtained in the absence of the following requirements:

* static testing (in case of works);
* certification of installations;
* registration of the building.

If the enclosures are simply incomplete, the municipality may request additional documentation, which the holder of the procedure is obliged to send within the next 30 days, under penalty of forfeiting the S.C.Ag. and its definitive rejection.
The municipality has 12 months (from the submission of the file) to cancel the procedure by way of self-defence (art. 21-novies l. 241/1990); once 18 months have elapsed, the S.C.Ag. will remain valid to all intents and purposes for the purpose of certifying habitability and it will no longer be possible to cancel it.
In this case, silence-consent is achieved due to the expiry of the time limit pursuant to art. 25, paragraph 4, p.d. 380/2001.
The silence-consent does not apply if the substantial conditions for the adoption of the certificate are not met.

S.C.Ag. AND DECLARATION OF INAVAILABILITY

According to art. 26 of the p.d. 380/2001, the submission of the S.C.Ag. does not prevent the exercise of the power to declare a building, or part of it, not complaining with safety standards pursuant to art. 222 of Royal Decree 1265/1934, for example if the building has suffered structural damage.
Conformity with the project and with the urban planning instruments in force are essential conditions for the issue of the certificate.


Although there is no legal obligation to attach the compliance with safety standards certificate to the deed of sale, notaries always request it in order to avoid disputes arising after the deed.
For these reasons, given its importance in relation to the economic use of the property, we always advise you to check through the intervention of a technician, even before concluding the preliminary contract, that the property has the compliance, and if not, to activate the S.C.Ag.

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