Institutional portal - Municipality of Milan

• "heavy" extraordinary maintenance interventions, if they concern the structural parts of the building (ref art. 3, paragraph 1, letter b of Presidential Decree 380/2001);
• "heavy" restoration and conservative rehabilitation interventions if they concern the structural parts (ref.art.3, paragraph 1, letter c Presidential Decree 380/2001);
• so-called "simple" or "light" building renovation interventions including those consisting of demolition and reconstruction with the same pre-existing volume, as well as interventions aimed at restoring buildings, or parts of them, possibly collapsed or demolished, through their reconstruction, provided it is possible to ascertain its pre-existing consistency. 
• for properties subject to restrictions pursuant to Legislative Decree 22 January 2004 n. 42, demolition and reconstruction interventions and restoration interventions on collapsed or demolished buildings constitute building renovation interventions only where the same shape of the pre-existing building is respected. These interventions are different from those indicated in article 10, paragraph 1, letter c) of the Presidential Decree. 380/2001 (ref.art.3, paragraph 1, letter d of Presidential Decree 380/2001);
• variations to building permits which do not affect the urban planning parameters and volumes, which do not modify the intended use and the building category, do not alter the shape of the building if subject to restrictions pursuant to Legislative Decree 42/2004 and not violate any provisions contained in the building permit (ref art. 22, paragraph 2 of Presidential Decree 380/2001);
• variations during construction that do not constitute an essential variation, provided that they comply with urban planning and building regulations and are implemented after the acquisition of any consent documents required by the legislation on landscape, hydrogeological, environmental and heritage protection constraints historical, artistic and archaeological and other sector regulations (ref. art. 22, paragraph 2-bis Presidential Decree 380/2001).

It should be noted that the same can also be achieved by requesting the issuance of a building permit.

The building works can be started on the same day as the SCIA is submitted, except in cases where it is necessary to acquire consent documents, however named, from other offices and administrations.

It will be possible to start construction work before the presentation of the SCIA and if it is carried out spontaneously when the work is being carried out, without prejudice to the provisions of the art. 23, paragraph 6 of Presidential Decree 380/2001, i.e. the payment, as a sanction, of the sum of 516,00 euros (ref. Art. 37 paragraph 5 of Presidential Decree 380/2001). 

When the activity subject to SCIA is conditional on the acquisition of consent documents, however named, the interested party presents the relevant requests to the Single Desk, at the same time as the SCIA.

The Services Conference is convened within 5 days. 

The start of the activities is subject to the release of the consent documents, which is communicated by the One Stop Shop to the interested party (ref. Art. 19-bis, paragraph 3 of Law 241 of 1990).

It is the SCIA which includes the other SCIA, communications, attestations, sworn statements and notifications necessary for carrying out an activity subject to reporting (ref. art. 19-bis, paragraph 2, law no. 241 of 1990).

The One Stop Shop for Construction transmits it to the other interested administrations in order to allow, to the extent of their competence, control over the existence of the requirements and conditions.

Furthermore, variations to building permits which do not affect the urban planning parameters and volumes, which do not modify the intended use and the building category, which do not alter the shape of the building if subjected to restriction pursuant to legislative decree 22 January 2004, n. 42 and subsequent amendments and do not violate any provisions contained in the building permit. For the purposes of urban planning and construction supervision, as well as for the purposes of usability, these certified reports of the start of activity constitute an integral part of the procedure relating to the building permit for the main intervention and can be presented before the declaration of completion of the works ( ref.art.22 paragraph 2 Presidential Decree 380/2001)
Variations to building permits which do not constitute an essential variation can be achieved through certified notification of the start of activity and communicated at the end of the works with certification from the professional, provided that they comply with urban planning and building regulations and are implemented after the acquisition of the any acts of consent required by the legislation on landscape, hydrogeological, environmental restrictions, protection of the historical, artistic and archaeological heritage and by other sector regulations (ref.art.22 paragraph 2 bis Presidential Decree 380/2001).

Presentation of the SCIA Art. 22 "variant"

The variations, relating to SCIA pursuant to art. 22 of Presidential Decree 380/2001 registered via the portal "Company in a day" must be carried out exclusively via the same portal. In this case, the payment of the amount due (secretarial fees, monetization charges, construction contribution) must be made within the electronic procedure. 

For practices previously presented through OnlyOne-Pratiche Edilizie, it is specified that:

• the communications of the start or end of works and/or additions and/or surety policies are presented in PDF/A format, digitally signed and transmitted via PEC to the addresses indicated below according to the Office/Unit in which the intervention falls suemunicipio1@pec. comune.milano.it; suemunicipio2@pec.comune.milano.it; suemunicipio3@pec.comune.milano.it; suemunicipio4@pec.comune.milano.it; suemunicipio5@pec.comune.milano.it; suemunicipio6@pec.comune.milano.it; suemunicipio7@pec.comune.milano.it; suemunicipio8@pec.comune.milano.it; suemunicipio9@pec.comune.milano.it; sueurbanizzazionetrattature@pec.comune.milano.it; sueconvezionamenti@pec.comune.milano.it; suerigenerazioneurbana@pec.comune.milano.it; suepaesaggio@pec.comune.milano.it). Furthermore, requests for verification by the certified bodies regarding the SOA certification must be submitted directly to the PEC address of the Office/Unit in which the intervention was carried out.
• the additions and the End of Work Communications, relating to SCIA pursuant to art. 22 of Presidential Decree 380/2001 registered via OnlyOne or in paper form, must be presented in PDF/A format, digitally signed and sent via PEC to the address: sueprotocollo@postacert.comune.milano.it together with the required attachments.
• for the payment of the amounts due for secretarial rights, sanctions, monetization and construction contribution must be made by bank transfer: Banca Intesa Spa, in favor of the Treasury of the Municipality of Milan, IBAN IT15V0306901783100000300001 - Reason: indicate address, cadastral data and owner of the construction practice, in addition to the type of payment (sanction, secretarial fees, monetization for.../ primary, secondary urbanization charges, Dusaf). It is necessary to attach the bank receipt certifying the execution of the transfer.

The person responsible for the abuse or the owner of the property, where the intervention carried out complies with the urban planning and building regulations in force both at the time of implementation of the intervention and at the time of presentation of the application, can obtain amnesty for the intervention by presenting the SCIA for amnesty and paying a sum equal to €516,00 upon submission of the SCIA.
The building interventions that can be remedied in this way are heavy extraordinary maintenance interventions and heavy conservative renovation interventions.
After the investigation in relation to the increase in value of the property assessed by the Land Agency, the residual amount to be paid will be communicated automatically. 
In addition to this sum calculated on the basis of the increase in the market value of the property, a sum will be paid deriving from the costs of the investigation carried out by the Land Agency.
The sanction involves the payment of a sum between €516,00 and €5.164,00 (ref. Art. 37 paragraph 4 Presidential Decree 380/2001).

At the time of submission of the SCIA, i administrative fees, any monetization charges, the construction contribution and the amount relating to the sanction in the case of SCIA "in amnesty" or in the case of SCIA "late".  

Payment of the same must be made exclusively within the “Impresainungiorno” electronic portal. 

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.

• Module - Examination of the landscape impact of the projects 
• DGR n. VII/11045 of 8.11.2002 

Once the intervention is completed, the designer or a qualified technician issues a final test certificate which certifies the conformity of the work to the project presented with the SCIA. At the same time, he presents the receipt of the presentation of the cadastral change resulting from the works carried out.

Submission must take place within three years of effectiveness. 

If the intervention is not completed within the three-year deadline, the interested party must submit a new SCIA for the construction of the unfinished part.

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