CILA Superbonus
La CILA, “Sworn Notice of Commencement of Work” Super bonus referred to in art. 119 paragraph 13-ter of Legislative Decree 34/2020 as amended by art. 33 of Legislative Decree 77/2021 is envisaged for interventions aimed at energy efficiency and for structural interventions governed by the "Technical Standards for Construction", limited to those contemplated and described in the art. 119 cited.
Regarding the quantification of the state incentive and the related timescales, please refer to the provisions of the art. 119 of Legislative Decree no. 34/2020 as last amended by art. 9 of Legislative Decree no. 176 of 18 November 2022, as well as the provisions of paragraph 2 of the aforementioned art. 9 which identifies the cases to which the recent amending provisions do not apply.
The CILA Superbonus certifies the details of the qualification that provided for the construction of the property subject to the intervention or of the provision that allowed its legitimation or it is certified that the construction was completed before 1 September 1967.
The presentation of the CILA Superbonus does not require certification of the legitimate status referred to in article 9-bis, paragraph 1-bis, of the decree of the President of the Republic of 6 June 2001, n. 380.
The qualified designer, once the necessary urban planning, building, static and hygienic checks have been carried out and following the inspection, remains entitled to certify the conformity of the interventions described in the project document or in the descriptive part to the current urban planning and building regulations.
Furthermore, for the declarant, if from subsequent checks the content of the declarations turns out not to correspond to the truth, in addition to criminal sanctions, the forfeiture of the benefits obtained on the basis of the declarations themselves is foreseen (art. 75 of Presidential Decree 445/2000).
The forfeiture of benefits also applies in the case of:
- failure to submit the CILA
- interventions carried out in conflict with CILA
- absence of certification of the data relating to the details of the qualification which provided for the construction of the property subject to the intervention
- absence of the provision that allowed its legitimation or it is certified that the construction was completed before 1 September 1967.
Any assessment regarding the legitimacy of the property subject to intervention remains unaffected.
Regarding the payment of secretarial fees, information is available on the page Payment of secretarial fees.
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Electronic presentation is expected via the SUE "Impresainungiorno" portal.
- relating to the drafting of the energy report, the energy framework of the interventions as per regional legislation, the minimum legal requirements, it is necessary to send a
email to the following address: SueMonitoraggioUcredil@comune.milano.it
- relating to the regulatory obligations referred to in LR 33/15 and the presentation of seismic deposits and reports pursuant to art. 65 of Presidential Decree 380/01 it is necessary to send an email to the following address: SueCementiArmati@comune.milano.it
THERE IS NO BONUS WITHOUT JOB SAFETY
The great recovery in construction work has introduced new safety problems which, if poorly managed, expose the citizen/client to civil and criminal charges:
- the presence of companies and professionals who are inexperienced or have migrated from other production sectors;
- workers, equipment and materials are undersized compared to market demands with the work carried out in fits and starts depending on their availability;
- unsuitable companies, for example companies which carry out mere labor intermediation or which have just been established to exploit the contingent moment.
When construction or renovation works are carried out, individual private clients (in the case of condominium works the client condominiums who determine the choices of the assembly) have a role of fundamental responsibility for the direction towards works managed safely and professionally.
Access to tax bonuses is subject to compliance with workplace safety regulations by the client.
In fact, among the causes for forfeiture of bonuses is the violation of some obligations of the client (or his alter-ego, the Works Manager) regarding the preliminary notification and appointment of safety coordinators.
MANAGING AND NOT SUFFERING THE WORKS: ROLE OF THE CUSTOMER AND THE GENERAL CONTRACTOR
It has become customary for the client to entrust all "turnkey" works to a general contractor (who therefore assumes the role of entrusted company, as defined by law) believing that he no longer has responsibilities and duties of control over the safety of the construction site . This presumption is incorrect, because the principal can transfer the obligations to him, but only formally appointing a Works Manager (RL), who will replace him in responsibilities for site safety. Obviously, although there are no technical requirements for the appointment of the RL, the person identified must have adequate skills, abilities and powers for the role.
TO EACH HIS ROLE
An important role of the client (or the RL if appointed) is the verification of the suitability of companies identified to carry out the works, which must be technically suitable and not just those currently available. Among the eligibility requirements, for example:
- has regularly hired workers;
- has specific technical expertise;
- has an adequate organization for the activity to be carried out;
- has suitable work equipment and personal protective equipment.
When the intervention of multiple companies is envisaged (practically always, in works with tax bonuses of significant amounts), the works must be coordinated by professionals appointed by the client: the Safety Coordinators in planning (CSP) and execution (CSE).
If the client identifies a general contractor company (trustee) must verify and demand that it exercises its role of operational management of the construction site, with control of the safety level in all the work carried out both by its workers and by subcontractors, not limiting its functions to a mere task of administrative and commercial intermediation .
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Updated: 24/10/2023