Building permit - Authorization

The request for building permit can be presented by the owner or whoever is entitled to do so (ref. art.20, paragraph 1 Presidential Decree 380/2001).

The application for the issuance of the building permit, signed by the owner or whoever is entitled to request it, must be accompanied by a certificate concerning the legitimation title, by the required graphics, and when the conditions are met, by the other documents.

The application is accompanied by a declaration from the qualified designer who certifies the conformity of the project with the approved and adopted urban planning instruments, with the current building regulations, and with other sector regulations having an impact on the regulation of construction activity and, in particular, with anti-seismic regulations , safety, fire prevention, sanitation and hygiene standards relating to energy efficiency (ref. art. 20, paragraph 1 of Presidential Decree 380/2001).

Any determination regarding the application is suspended (ref. art.12, paragraph 3 of Presidential Decree 380/2001).

•    New construction project (ref. article 3, paragraph 1, letter e) of Presidential Decree 380/2001): 

  • construction of above-ground or underground building structures, or the expansion of existing ones outside the existing shape;
  • primary and secondary urbanization carried out by entities other than the Municipality;
  • creation of infrastructures and systems, including for public services, which involves the permanent transformation of land into built-up areas;
  • installation of towers and pylons for radio-transceiver systems and repeaters for telecommunications services;
  • installation of light products, including prefabricated ones, and structures of any kind, such as caravans, campers, mobile homes, boats, which are used as homes, work environments, or as warehouses, warehouses and the like and which are not intended to satisfy needs merely temporary, or which are not included in outdoor accommodation facilities for the rest and stay of tourists, previously authorized from an urban planning, building and, where applicable, landscape perspective, in compliance with regional sector regulations;
  • appurtenant interventions which the technical standards of the urban planning instruments, in relation to zoning and the environmental and landscape value of the areas, qualify as new construction interventions, or which involve the creation of a volume greater than 20% of the volume of the main building;
  • creation of warehouses for goods or materials, the construction of systems for outdoor production activities where they involve the execution of works resulting in the permanent transformation of unbuilt land;
  • urban building transformation interventions of the territory not included in letters a), b), c), d) of the art. 3, paragraph 1 of Presidential Decree 380/2001;

•    urban renovation interventions (ref. article 3, paragraph 1, letter f) of Presidential Decree 380/2001);
•    building renovation interventions which lead to a building structure which is totally or partially different from the previous one and which involves changes in the overall volume of the buildings or elevations, or which, limited to the properties included in the homogeneous zones A, involve changes in the intended use, as well as interventions which involve modifications to the shape of properties subject to restrictions pursuant to Legislative Decree 22 January 2004, n. 42 and subsequent amendments;
•    variations to building permits during construction which present the characteristics of essential variations;
•    variations to building permits involving changes to the shape of the historic centre;
•    interventions subject to Certified Reporting of start of activity for which, pursuant to art. 22 paragraph 7 and 23 of Presidential Decree 380/2001, the person entitled to request the release of the building permit is entitled to do so;
•    interventions carried out without a building permit, or in conflict with it, or in the absence of SCIA in the case referred to in art. 23, paragraph 1 of Presidential Decree 380/2001, or in conflict with it, if the aforementioned interventions comply with the urban planning and building regulations in force both at the time of their implementation and at the time of submission of the request.

The building interventions mentioned above, in implementation of the Territorial Management Plan (PGT) or the building regulations, can be carried out directly or with an agreed direct method. For further details see PGT Implementation service.

Consult the information on the page relating to Payment of Secretarial Fees

Further and possible costs are those relating to construction contribution and monetization if the building intervention also concerns the change of intended use. 

For the building permit it is mandatory to communicate the start of the works. The deadline for starting work is that indicated in the building permit and in any case no later than one year from the date of issue. Once this deadline has elapsed, the building permit lapses (ref. art.15, paragraphs 1 and 2 of Presidential Decree 380/2001).

The start date for the building permit can be extended:
The extension of the deadline for starting work can be granted upon request made by the owner or whoever is entitled to it if the works cannot be started due to initiatives of the administration or judicial authority (ref.art.15, paragraph 2-bis Presidential Decree 380 /2001)

For the building permit it is mandatory to communicate the completion of the works. 

The deadline for completing the works is that indicated in the building permit and in any case no later than three years from the start of the works (ref. art.15, paragraph 1 and 2 of Presidential Decree 380/2001). Once these deadlines have expired, the permit automatically lapses for the part not performed, unless an extension is requested before the deadline. 

The extension of the deadline for completing the works may be granted upon request made with a reasoned provision, due to supervening events beyond the control of the holder of the permit, or in consideration of the size of the work to be carried out, its particular technical-constructive characteristics, or technical-executive difficulties that emerged after the start of the works (ref art. 15, paragraph 2 of Presidential Decree 380/2001). The extension is in any case granted if the works cannot be started due to initiatives of the administration or judicial authority (ref.art.15, paragraph 2-bis Presidential Decree 380/2001).
The realization of the part of the intervention not completed within the expired deadline is subject to the issuance of a new permit for the works to be carried out, unless they are among those that can be carried out by means of a certified notification of the start of activity pursuant to art. 22 Presidential Decree 380/ 2001.

You must use the unified and standardized building form in fillable PDF format "CFL End of Work Communication", accessing via the "Lombardy Region Unified Building Forms" link after reading the information on the processing of personal data below.

Consult the Method of presentation of qualifications/communications 

The document with which the Lombardy Region, with DGR n. VII/11045 of 8.11.2002 (published in the BURL of 21 November 2002, 2nd Extraordinary Supplement to n. 47), approved the criteria for the drafting of the landscape examination of the transformation projects of the Lombardy territory, concerns the definition of the methods for determining the landscape sensitivity class of the site and the degree of landscape impact of the project.

This method, to be used in areas of the regional territory not subject to specific landscape protection, allows the definition of the level of landscape impact of the project which, in the first instance, is estimated by the proponent of the intervention and is evaluated by the competent body issuing of building permits.

The document refers to the Regional Territorial Landscape Plan of 2001, which was updated, modified and integrated with the Regional Territorial Plan approved by the Lombardy Region on 19 January 2010.

The new landscape legislation, in the text recently approved by the Regional Council (see articles 35-39 of the Regional Landscape Plan legislation), explicitly confirms the criteria approved with the "guidelines for the landscape examination of projects": therefore for the entire regional territory - with the exception of the areas subject to specific landscape protection (for which the procedures dictated by the legislative decree of 22 January 2004, n. 42 and by the regional law of 11 March 2005, n. 12 apply) - it is mandatory that the projects that modify the state of the places and the external appearance of the buildings are subject to a landscape assessment by applying the criteria and guidelines dictated by the regional resolution.

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.

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: marco.marzinotto@amsa.it

With projects for new construction, expansion or building renovation with demolition and total or partial reconstruction, the ISTAT/AE form must be presented.

It should be noted that since January 2011, XNUMX, ISTAT has established that:

  • two distinct survey models are adopted which, together with the relevant instructions, must be downloaded from the ISTAT website and printed directly by the applicant since ISTAT ceases the distribution of paper models;
  • the field of observation of the survey is extended to public buildings, including all new buildings or extensions of pre-existing ones for which the projects have been approved according to the procedures established by the art. 7 of the Consolidated Law on Construction Presidential Decree 380/2001.

For variants, the presentation of the ISTAT form is required only if the variant itself involves an increase in volume.

For completeness see attachments:

Please note that, in cases where it is necessary to fill in the ISTAT form, the numerical code to be entered when booking online is the "Model Code".

For more information: click here. 

For further information, consult the relevant Service "Request and delivery of fixed points"

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 .

What the Building Permit looks like - Authorization

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Electronic presentation is expected via the SUE "Impresainungiorno" portal.

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Updated: 02/10/2023