Institutional portal - Municipality of Milan

• 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 municipal 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);
• variations to the above interventions.

The implementation of all the listed interventions can also be carried out by requesting the issuance of a building permit.

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 more details see PGT Implementation.  
 

The SCIA can be presented by the owner or whoever is entitled to it.

Il holder in declaring or certifying what is provided in the forms, you are aware of the criminal sanctions provided for by law for false declarations pursuant to art. 76 of Presidential Decree 445/2000. 
Please remember that, where the fact no longer constitutes a serious crime, anyone who, in the declarations or certifications accompanying the SCIA, falsely declares or certifies the existence of the requirements and conditions is punished with imprisonment from one to three years (ref. Art. 19, paragraph 6 Law 241 of 1990).

Il designer holds the status of person carrying out a service of public necessity pursuant to articles. 359 and art.481 of the Penal Code.
Please remember that, where the fact no longer constitutes a serious crime, anyone who, in the declarations or certifications accompanying the SCIA, falsely declares or certifies the existence of the requirements and conditions is punished with imprisonment from one to three years (ref. Art. 19, paragraph 6 Law 241 of 1990).

The building interventions can be started 30 days after the presentation of the so-called "simple" SCIA art. 23 DPR 380/2001 (ref. art.23, paragraph 1 DPR 380/2001).

It is not possible to start construction work before the presentation of the SCIA art. 23 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) and to the lapse of 30 days from the communication itself (ref. Article 23, paragraph 4 of Presidential Decree 380/2001), together with the data of the Contracting and Executing Company(s), if not indicated in the Single Owner Form presented.

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. 

Building interventions can be started 30 days after the presentation of the SCIA.

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

For details "Building permit subject to amnesty".

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 (ref. art. 23, paragraph 7 of Presidential Decree 380/2001).

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

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:

• "ISTAT_Vademecum_Rilevazione_Statistica" prepared by the Statistics Unit, updated in October 2013
• ISTAT SUE table

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"