CILA - Communication Commencement of Works Certified

CILA - Communication Commencement of Work Certified

The CILA, sworn communication of the start of work, is governed by art. 6 bis of the Presidential Decree 380/2001-Consolidated Construction Law introduced by art. 3 Legislative Decree no. 222 of 2016.

The sworn notice of commencement of works represents the administrative regime that can be used whenever a building intervention must be carried out:
•   "light" extraordinary maintenance, including the opening of internal doors or the moving of internal walls, provided that they do not concern the structural parts of the building (ref. activity n.3 Table A, Section II, Legislative Decree 222/ 2016);
•   "light" restoration and rehabilitation, if they do not concern structural parts of the building (ref. activity n.5 Table A, Section II, Legislative Decree 222/2016);
•   elimination of architectural barriers that involve the construction of external lifts or artefacts that alter the shape of the building (ref. activity n.22 Table A, Section II, Legislative Decree 222/2016);
•   temporary works for subsoil research activities that have a geognostic nature (excluding hydrocarbon exploration activities) that are carried out in areas within the built-up center (ref. activity n.31 Table A, Section II, Legislative Decree 222 /2016);
•   earth movements not strictly relevant to the exercise of agricultural activity and agro-silvo-pastoral practices (ref. activity n.32 Table A, Sec II, Legislative Decree 222/2016);
•   seasonal mobile greenhouses functional to carrying out agricultural activities that have masonry structures (ref. activity n.33 Table A, Section II, Legislative Decree 222/2016);
•   construction of minor appurtenances which the technical standards of the urban planning instruments, in relation to the zoning and the environmental and landscape value of the areas, do not qualify as new construction interventions, or which involve the construction of a volume less than 20% of the volume of the main building (ref. activity n.34 Table A, Section II, Legislative Decree 222/2016);

The interested party presents the CILA, sworn by a qualified technician or member of a professional register, who certifies, under his own responsibility, that the works comply with the approved urban planning instruments and the building regulations in force, as well as that they are compatible with the legislation in seismic matters and with that on energy performance in buildings and that there is no involvement of the structural parts of the building.

If for the realization of the planned works it is necessary to acquire opinions or authorizations or in any case acts of consent, these cannot be self-certified, but can be acquired prior to the presentation of the CILA. In this way, the interested party can start work on the same day as the presentation to the Protocol Office of the One Stop Shop for Construction Area.

Certified notice of commencement of works (Residual clause)

Interventions not included in the list referred to in the articles can be carried out through CILA. 6, 10 and 22 of the Presidential Decree. 380/2001, without prejudice to the provisions of the urban planning instruments, the building regulations and the urban planning-building regulations in force, and in any case in compliance with the other sector regulations having an impact on the regulation of construction activity and, in particular, the anti-seismic regulations, safety, fire prevention, sanitation, those relating to energy efficiency, protection from hydrogeological risk, as well as the provisions contained in the code of cultural heritage and landscape, referred to in Legislative Decree 22 January 2004, n. (ref. activity n.30 Table A, Section II, Legislative Decree 222/2016).

Consult the Method of presentation of qualifications/communications >>>

CILA with contextual request for prerequisite acts

In the case of simultaneous presentation of the CILA and the request for the acquisition of all the consent documents, however named, necessary for the building intervention, the interested party will make use of the so-called CILA with contextual request for prerequisite acts and will be able to start the works only after communication from the One-Stop Shop for Construction.

CILA with other communications or SCIA

If the building intervention involves the obligation to submit communications or SCIA aimed at other Administrations or Bodies, the interested party will make use of the so-called CILA with other communications or SCIA.

CILA "late"

If the start of the works occurs before submitting the CILA, without prejudice to the acquisition of any documents of consent, the interested party will be able to make use of the CILA in progress - so-called late CILA - and will have to pay the sanction foreseen for the the amount equal to €333,00 (art.6-bis paragraph 5 of Presidential Decree 380/2001).

The payment of the fine will take place exclusively through PagoPA; the payment notice will be generated within the “Impresainungiorno” platform.

CILA "with amnesty"

If the works have already been completed, without prejudice to the acquisition of any consent documents, the interested party will be able to present CILA for works already carried out - so-called CILA amnesty - and will have to pay the sanction envisaged in the amount of €1000,00 (art. 6-bis paragraph 5 of Presidential Decree 380/2001).

The payment of the fine will take place exclusively through PagoPA; the payment notice will be generated within the “Impresainungiorno” platform.

CILA so-called "variant" of CILA

The CILA - Notice of Commencement of Work sworn as regulated by art. 6 bis of the Presidential Decree 380/2001 - Consolidated Construction Law introduced by art. 3 Legislative Decree no. 222 of 2016 does not expressly provide for the variant.
However, if during the execution of the works designed with CILA, it is intended to make design changes whose qualification falls within those contemplated by the same regime, it will be possible to make use of the intervention option to modify the works referred to in the CILA communicated on the date with protocol . provided for in point C4 of section C (qualification of the intervention) of the Single Holder Form of the unified Regional forms, always including in the plans, the representation of the "ante operam" state which represents the actual state of the original CILA, in addition to the usual states of project and overlap with the first design.

The three-year deadlines for submitting the completion of works start from the date of registration of the original CILA.

Interventions relating to...

new installations and changes to the intended use of properties aimed at creating places of worship;
places intended for community centres, game rooms, betting rooms and bingo halls (art. 52.3 bis 3ter, art. 33 3ter LR 12/2005);
construction of new buildings on agricultural area (art. 60 LR 12/2005).

End of Work Communication - CFL (mandatory)

Once the intervention is completed, the owner presents the notification of completion of the works.

At the same time, he presents the receipt of the presentation of the cadastral change resulting from the works carried out.

The presentation must take place within three years from the date of commencement of works.

Checks carried out on companies - Single Contribution Regularity Document - DURC

The Single Contribution Regularity Document is a certificate which at the same time certifies the regularity of a company in payments and social security, welfare and insurance obligations, as well as in all other obligations established by current legislation towards INPS, Inail and Casse Edili verified on the basis of the respective reference legislation.

Contribution regularity must be understood as the correctness of payments and social security, welfare and insurance obligations for all the obligations established by current legislation relating to the entire company situation.

The granting public administrations are required to automatically acquire the DURC not only in the context of public works but also in private construction works, pursuant to art. 90, letter c, of Legislative Decree no. 81/2008 with the methods set out in art. 43 Presidential Decree n. 445/2000.

Therefore, in the appropriate space of the unified and standardized regional forms relating to the "Single Owner Form", the identifying data relating to the company must be indicated.

It is useful to point out that the regularity of contributions, as a matter that concerns the protection of workers, falls under the competence of the Ministry of Labor and Social Security Policies, which are also responsible for checks on the construction site.

If, following the official acquisition, contributory irregularity is ascertained, the effectiveness of the title is to be considered suspended as provided for by the art. 90.10 of Legislative Decree 81/2008, the reason for which suspension of the construction site will be issued with subsequent imposition of a financial penalty.

In terms of the application of the DURC legislation to foreign companies that intend to carry out construction activities in Italian territory, a distinction must be made between:

Foreign construction companies from non-EU countries,
Foreign construction companies from EU countries.

Foreign construction companies based in a non-EU country that post employees to Italy are required to apply the entire Italian social security contributions legislation with consequent obligation for the company and its workers to register with INPS and INAIL. and with it the obligation to register with the Building Funds and the obligation to comply with the regulations in force regarding regular contributions (possession of a regular DURC);

The social security contributions legislation in force in the country of residence of the worker or company is applicable to foreign companies based in an EU country that temporarily and legitimately second employees to Italy. Therefore, these companies do not have the obligation to register with INPS and INAIL while they have the obligation to register with the Construction Fund only if the community employers do not already make payments to a public body or contractual source in their country. of origin that guarantees the same standards of protection for workers.

It should be noted that the obligation to register with the Building Funds does not exist for French, German and Austrian companies, for which the countries of origin have already signed bilateral reciprocity agreements with Italy which provide for the maintenance of contribution payments at the Cashier from.

For further information or details relating to these obligations, please refer to the information contained on the portals of the competent INPS, INAIL and CASSE EDILI bodies.

It is considered useful to highlight that:

in the case of a foreign construction company based in a non-EU country in the appropriate space of the relevant unified regional forms INPS, INAIL and Cassa Edile codes/serial numbers must be entered in the Single Owner Form;
in the case of foreign construction companies based in an EU country, in the appropriate space of the relevant unified regional forms on the Single Owner Form, considering the existence of the obligation to register with the Building Fund, the registration code with the Building Fund will necessarily be indicated while the obligation to register with INPS and INAIL does not apply the documentation certifying the regularity of the Company's contributions must be delivered to the competent bodies of the country of origin in the native language and translated into Italian by an interpreter, subject to verification by the Client in his interest.

AMSA opinion for local waste depot

The opinion of conformity for the construction of the waste room is issued by Amsa technicians within the One Stop Shop for Construction Area, in relation to the construction interventions presented in direct mode, in direct agreement mode and within the scope of the interventions subject to Implementation Plans.

In the context of building interventions in direct mode, the service verifies the technical characteristics of the waste room, while for building interventions in direct mode under agreement or subject to Implementation Plans, in addition to this verification, there is also one relating to the disposal area on street.

Recalling the articles. 124 and 125 of the current building regulations for the following building interventions:

new construction including building replacements,
the renovation of the entire building,
the conservative restoration interventions of the entire building,
and all even partial interventions that involve the introduction of functions that involve a high production of waste (for example: catering, public establishments or those in which an entrepreneurial activity is carried out also aimed at offering a service, medium-sized structures commercial and other),

rooms must be provided for the storage of waste such as to guarantee the decorum of the building and the surrounding environment, for which it is necessary to obtain the relevant prior opinion.

It is specified that the technical characteristics of said premises are referred to in the articles. 124 and 125 of the current building regulations.
It is highlighted that:
for projects presented in direct mode,

for SCIA and Building Permits and for CILA variants of CILA with digital mode through Only One, the opinion of conformity is issued by the Amsa technician on the common CILA-SCIA-PDC attachment following verification of the building practice, together with the spreadsheet useful for determining the surface area of the waste storage roomi, through e-mail.
for CILAs submitted electronically through the "impresainungiorno" portal, the opinion of conformity will be requested directly from the offices after checking the necessary attachments; in this case the CILA is to be considered with a contextual request for prerequisite acts.

for projects presented in direct, affiliated mode or subject to Implementation Plans:

for SCIA, the opinion of conformity is issued by the Amsa technician on the common annex, after checking the building practice and the spreadsheet, through e-mail;
for Building Permits, the opinion is issued by the Amsa technician during the services conference, without prejudice to the need to attach the required documentation to the building permit request for the purpose of issuing the opinion: floor plan(s) and local floor(s) waste, plans of all floors, plan of the roof(s), plan of the sewerage, waste room/s, plan of the street level of the disposal area and the spreadsheet.

The AMSA technician issues the opinion and provides preliminary information by e-mail.
Email address: m arco.marzinotto@amsa.it

Safety promotion - Information note

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 .