Permit to build in amnesty - Verification of conformity

In the case of interventions carried out in the absence of a building permit, or in non-compliance with it, or in the absence of certified notification of the start of activity art. 23, paragraph 1 of Presidential Decree 380/2001 or in conflict with it, until the expiry of the terms referred to in articles 31, paragraph 3, 33, paragraph 3, 34 paragraph 1 of Presidential Decree 380/2001, and in any case until the imposition of sanctions administrative, the person responsible for the abuse, or the current owner of the property, can obtain the amnesty permit if the intervention complies with the urban planning and building regulations in force both at the time of its construction and at the time of submitting the application (ref. art. 36, paragraph 1 Presidential Decree 380/2001).

Surgeries

so-called "heavy" building renovation interventions which lead to a building structure which is completely 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 destination of use, as well as interventions that involve modifications to the shape of properties subject to restrictions pursuant to Legislative Decree 22 January 2004, n. 42 and subsequent amendments (ref. Art. 23, paragraph 1 letter a) Presidential Decree 380/2001).
new construction or urban renovation interventions if they are governed by implementation plans, however named, including contractual agreements having the value of an implementation plan, which contain precise planivolumetric, typological, formal and construction provisions, the existence of which has been explicitly declared by the competent body municipality when approving the same plans or reconnaissance of those in force (ref. Art. 23, paragraph 1 letter b) Presidential Decree 380/2001).
new construction interventions if they are in direct execution of general urban planning instruments containing precise plan-volumetric provisions (ref. Art. 23, paragraph 1 letter c) Presidential Decree 380/2001).

Expected sanctions

The issuance of the amnesty permit is subject to the payment, by way of oblation, of the construction contribution in double amount, or, in the case of free payment according to law, in an amount equal to that provided for by the art. 16 Presidential Decree 380/2001.

In the event of a partially non-compliant intervention, the oblation is calculated with reference to the part of the work that does not comply with the permit.

Costs due at time of submission

When submitting the building permit application, a tax stamp of €16,00 must be paid.

Estimated costs upon release

At the time of issuing the building permit, a revenue stamp worth €16,00 and secretarial fees for various amounts will be paid as specified below:

for so-called "major" interventions which do not require the payment of charges the amount of the fees is equal to €129,11
for private residential building interventions which require the payment of charges

• up to €774.685,35 the amount of the rights is €387,34;
• in addition to €774.685,35 the amount of the rights is €516,46.

for industrial and artisan building interventions with charges

• up to €671.393,97 the amount of rights is €335,70
• in addition to €671.393,97 the amount of the rights is €516,46

for commercial, office and tourist building interventions the amount is equal to €516,46

Administrative fees

Secretarial rights are acquired only after having presented yourself to theIssuance Office.

Any additional amounts to be paid upon release

Further and possible costs are those relating to the construction contribution and monetization if the building intervention also concerns the change of intended use. For details relating to the change of intended use and the cases that require the payment of payments, it is advisable to select the change of use and charges services.

Monetization/construction contribution

The person responsible for the abuse, or the current owner of the property, will be able to make use of the following payment methods:

single solution: within 30 days of the notice of issue of the building permit and in any case before the withdrawal of the building permit. The payment receipt for the entire sum must be shown to the Title Issuance Office upon collection of the building permit.

Where payments for due charges are made:
Payment can be made at the Accounting Area, via Silvio Pellico 16, 2nd floor, room 67, from Monday to Friday from 08 to 30, in cash or by bank draft payable to the Municipality of Milan.
Payment can also be made by bank transfer: Banca Intesa Spa, to the Treasury of the Municipality of Milan, IBAN: IT15 V030 6901 7831 0000 0300 001; in this case the bank's certificate confirming the execution of the transfer must be attached. In the bank transfer, the applicant's data and the details (PG protocol documents - WF program number) of the building practice and the specific item (e.g. primary and secondary urbanization charges, monetization etc.) must always be indicated.

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 .