Conventional Building Permit

The Conventional Building Permit is a building permit for which the signing of an agreement is required in advance, pursuant to Article 11 of Law 241/1990 and subsequent amendments.

The Conventional Building Permit, which refers to art. 28-bis of Presidential Decree 380/2001 and art. 10.2 of LR 12/2005, together with the Building Permit with a unilateral mandatory act, constitutes the "direct agreement" method of implementing the PGT, as provided for by the art. 11 of the Rules Plan and detailed by articles. from 33 to 39 of the RE.

The interventions envisaged by the PGT and detailed in Managerial Determination no. are subject to the issuance of the Conventional Building Permit, with prior signing of an agreement with the municipal administration. 3/2015, which contemplate the cases described below.

It should be noted that the review of the administrative acts which regulate the process of carrying out works assimilated to public works is currently underway (by way of example: urbanization works with deductions and services/equipment in place of the transfer of areas for the purposes of urban planning provision) in the context of urban planning and construction procedures (for example: implementation plans and affiliated building permits) in accordance with the new Public Contracts Code (Legislative Decree no. 36/2023).
Following the approval of these documents, the institutional portal will be updated, also with reference to the documentation to accompany the requests for these proceedings.

  • Obligation to include ERS quotas if residence is planned for intervention areas between 10.000 m15.000. and 11.3.2 mXNUMX. in new buildings and in changes of use from productive to other urban functions - art. XNUMX of the Rules Plan;
  • Obligation to include ERS quotas for properties with GFA > 5.000 m11.4. with change of use from tertiary functions to residential functions in ARU - art. XNUMX of the Rules Plan;
  • Faculty of inserting ERS quotas for intervention areas < 10.000 m11.3.1. in new buildings and in changes of use from productive to other urban functions - art. 11.3.2.a and XNUMX of the Rules Plan.

  • Contextual transfer of volumetric rights from an area of ​​indirect relevance to an area of ​​direct relevance with simultaneous transfer of the areas as part of a building/urban planning transformation intervention - (subject to transfer registration in the building rights register);
  • Transfer of building rights from RIM with simultaneous transfer or enslavement of the area;
  • Transfer of volumetric rights at the same time as the construction, subject to agreement or accreditation and evaluation by the Administration, of equipment for services / Use of building capacity from the simultaneous construction of services.

  • Transfer of volumetric rights deriving from obtaining the volumetric increase for improving the energy efficiency of properties of historical and artistic interest.

  • Transfers of areas within the intervention area with contextual arrangements for the deduction of charges in the context of building/urban planning interventions for which the procurement of service facilities is envisaged.

  • Use (on site or transfer) of development rights deriving from obtaining the incentives referred to in the art. 5.5 PdR (protection of production activity).

  • Provision of Services through the creation of equipment of public interest:
    a) equipment transferred to the Municipality, which is built on areas already municipal or on areas subject to transfer to the Municipality;
    b) private equipment built on areas subject to transfer to the Municipality, governed by agreement, by regulation of use, by a specific act of subservience or accreditation;
    c) private equipment built on areas reserved for public use, governed by an agreement, by regulation of use, by a specific act of subservience or accreditation;
    d) private equipment built on private areas, governed by an agreement, by regulation of use, by a specific act of enslavement or accreditation.
     
  • Creation of new services referred to in art. 4 Service Plan - regardless of the size of the intervention area.

  • Medium Lower Tier Sales Facilities and Medium Higher Tier Sales Facilities - NAF;
  • Medium-sized higher level sales structures, large sales structures with inter-municipal relevance - TRF;
  • Creation of commercial urban functions in existing spaces corresponding to the mezzanines of the mobility and public transport infrastructures.

Discipline of the planimetric structure and building typologies to overcome the requirements of the Navigli constraint.

Inclusion of building rights within public services on public areas/urban functions in areas intended for mobility and public transport infrastructures - Articles 4.9 and 5.6 Service Plan.

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 .

The preliminary procedure on the presented project provides, in relation to the object and content of the agreement, the involvement of the Municipalities according to the methods provided for in article 29 of the Decentralization Regulation, the expression of opinions of the offices possibly interested or the convening of the conference of services pursuant to art. 14 of Law 241/90.

As a result of this investigation, the stipulation of the agreement, the outline of which may be integrated and/or modified during the procedure on the basis of the findings of the investigation and in particular the opinions acquired, is preceded by the preventive determination referred to in the art. 11 of Law 241/90.

Following the stipulation and registration and transcription of the agreement, the building permit is issued.

The entitled party, before submitting the application for the agreed building permit, has the right to proceed with the request for a preliminary investigation (art. 40 RE).

For interventions in a restricted area, authorization must be obtained from the Bond Protection Body.
In the event of a monumental restriction (pursuant to Part II of Legislative Decree 42/04 - ex L. 1089/39) you must contact the offices of the Superintendence for Architectural Heritage and Landscape of Milan.

In the event of an environmental landscape restriction (pursuant to Part III of Legislative Decree 42/04 - ex L. 1497/39 and L. 431/85) you must contact the Landscape Protection Office of the Urban Planning Directorate of the Municipality of Milan.

The request for authorization for interventions in a restricted area can be presented at the same time as the request for an approved building permit; however, the authorization from the bond protection body, as a prerequisite act, must precede the signing of the agreement.

For the purposes of the preliminary investigation procedure, both the application for the Conventional Building Permit and any other document filed with another office of the Municipal Administration (e.g. general protocol) are considered submitted from the date on which they reach the competent office (art. 15.5 RE) .

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The application for an approved building permit must be accompanied not only by the documentation required for the building project, but also by the following documentation:

  • a draft agreement, signed by the legitimated party, which regulates the object, the obligations assumed and the content of the agreement
    - DD n. 67/2015 - PCC agreement scheme
    - DD n. 40-2016 - Transitional operational indications for threshold verification and PCC scheme changes
  • project documentation relating to each content to be regulated and by way of example: - typological, morphological and planivolumetric aspects;
    - the project of the private building intervention;
    - definitive projects of any urbanization works and/or equipment of public interest;
    - services to be created/managed/agreed upon;
    - actions aimed at the overall improvement of existing production activities;
    - the maintenance and restoration of entire properties of historical and artistic interest referred to in Legislative Decree 42/2004 and subsequent amendments aimed at preserving their use and public utility, in the cases provided for by legislative and regulatory legislation.

With regard to the realization of urbanization works and services we invite you to read the relevant section.

The filing of additions to practices, already being processed by the PdCC Unit in paper format prior to 10 March 2020, must be agreed in advance by email (sueconvenzionamenti@comune.milano.it) in order to acquire the specific deposit methods.

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

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For information requests:
Municipality of Milan - Urban Planning Directorate
Affiliated building permits unit
sueconvenzionamenti@comune.milano.it

Subjects: 

Updated: 04/10/2023