When should the SCIA be submitted?\u00a0And when the CILA instead?\u00a0Is the building permit the most complex process?<\/h3>\n
Avv. Anna Nicola – Turin\u00a0Bar 21\/07\/2021<\/p>\n
Premise: TEU\u00a0<\/strong>legislative and regulatory provisions on construction, commonly known as the\u00a0Consolidated Law on construction\u00a0<\/strong>and abbreviated T.E.U.<\/p>\n It, among other things, in art.\u00a03 distinguishes the types of building interventions, starting from ordinary maintenance, extraordinary maintenance, restoration and\u00a0conservative rehabilitation\u00a0<\/strong>, building renovation, new construction, urban restructuring.<\/p>\n From a different point of view it deals with the issue of\u00a0building practices\u00a0<\/strong>, dividing it into free building, interventions that require the CILA, those that require the SCIA and finally the works subject to the Building Permit.<\/p>\n This subdivision is based on what\u00a0the content of the intervention is\u00a0<\/strong>.\u00a0The Consolidated Law accompanies us in the management of the case indicating which is the application \/ declaration to be presented, CILA, SCIA or Building Permit in the specific case.<\/p>\n Art.\u00a06-bis TEU indicates the interventions that require the\u00a0Certified Commencement of Works\u00a0Notice\u00a0<\/strong>, cd.\u00a0CILA.<\/p>\n To tell the truth, this type of work\u00a0is identified by exclusion\u00a0<\/strong>: art.\u00a06-bis specifies that the CILA is used for all interventions not covered by art.\u00a06, 10 and 22 TEU, that is, respectively, those that do not require the building practice, cd.\u00a0to free construction (art. 6), those subject to a Building Permit (art. 10), and those subject to SCIA (art. 22).<\/p>\n The CILA must be carried out whenever it is a matter of\u00a0extraordinary maintenance operations\u00a0defined as light<\/strong>, that is, works that do not affect the structural parts of the building.\u00a0Consider,\u00a0for example,\u00a0<\/strong>the refurbishment of one or more systems (so for heating, air conditioning, electricity and so on), the movement of internal non-load-bearing partitions, the splitting of a real estate unit into two or more or, vice versa, to the unification of two or more real estate units, provided that the overall volume does not undergo changes and the intended use is not maintained.\u00a0<\/strong><\/p>\n The sworn communication of commencement of work requires the intervention of a\u00a0technical professional\u00a0<\/strong>.\u00a0The building works can be\u00a0started immediately\u00a0<\/strong>without having to wait for a consent from the municipality or for the time of silent consent to elapse.\u00a0There are no charges to be paid to the Municipality.<\/p>\n As seen above, art.\u00a022 identifies the interventions that can be carried out by means of the\u00a0Certified Start of Activity\u00a0Report<\/strong>, cd.\u00a0SCIA.<\/p>\n The works in question are a little more invasive than those of light extraordinary maintenance subject to CILA.<\/p>\n We can mention the\u00a0extraordinary maintenance\u00a0<\/strong>interventions\u00a0, if they concern structural parts of the building, restoration and conservative rehabilitation works, if they affect the structural parts of the building, building renovation interventions, other than those requiring the Building Permit , variants to building permits that do not change urban planning parameters and volumes, intended use, building category and that do not alter the shape of the listed buildings.<\/p>\n Finally, there are the variants to building permits that do not lead to an essential change, but only if they comply with the urban-building requirements and implemented after the acquisition of any consent documents required by the legislation on landscape, hydrogeological, environmental, protection of the historical, artistic and archaeological heritage and prescribed by other sector regulations.<\/p>\n With the SCIA, the intervention of a\u00a0qualified technical professional is required\u00a0<\/strong>, who certifies the workmanlike execution of the work.\u00a0The payment of charges to the Municipality is not foreseen and the interventions can start immediately (the Municipality can, however, block the construction site within 30 days for non-compliance of a technical or legal nature).<\/p>\n For the two types of building practices it is necessary to make use of the work of\u00a0a qualified\u00a0<\/strong>building design\u00a0technician\u00a0<\/strong>(surveyor, engineer, architect, building expert) who is in good standing with the registration to his order of belonging.\u00a0This professional has the task of\u00a0certifying\u00a0<\/strong>that the works envisaged in the project comply with the sector regulations, whether national or local.<\/p>\n All this must take place\u00a0before the actual start of the works\u00a0<\/strong>, with the filing of the documents accompanied by the design documents prepared by the professional (project graphic design, technical report, photos of the parts subject to intervention, and other more specific variables case by case) and to any acts of consent necessary to carry out the building intervention.\u00a0Consider,\u00a0for example,\u00a0<\/strong>the case of the property subject to landscape constraint.<\/p>\n For both types of interventions, the activity can be started after the deposition of this documentation.<\/p>\n It should be noted that while in the CILA it is possible to indicate a precise date for the start of the works, for the SCIA the start of the activity is to be considered contextual to the presentation of the same.<\/p>\n The Building Permit occurs in cases of\u00a0very substantial interventions\u00a0<\/strong>.\u00a0The art.\u00a010 TEU indicates subordinate jobs.<\/p>\n It is the\u00a0work\u00a0<\/strong>of new construction, the urban renovation work, the building renovations that have resulted in a building structure completely or partially different from the previous, and involving changes of total volumes of buildings or prospects, or that, limited to the properties included in homogeneous zones A, they involve changes in the intended use, as well as interventions that involve changes in the shape of buildings subject to restrictions pursuant to Legislative Decree 22 January 2004 no.\u00a042 and subsequent amendments<\/p>\n From all the above it is clear that\u00a0every building intervention has its own building practice\u00a0<\/strong>.\u00a0Already only the modules related to each practice have their own identity, in consideration of the interventions that the practice requires.<\/p>\n Apart from this trivial observation, there is a big\u00a0difference between the types\u00a0<\/strong>of practices under consideration here.\u00a0As mentioned above, the\u00a0CILA and the SCIA\u00a0<\/strong>are in fact a communication \/ report that the owner or other person entitled to submit to the municipal administration, together with the asseveration of the designer.<\/p>\n With\u00a0the asseveration, the\u00a0<\/strong>latter certifies, assuming responsibility, that the interventions comply with urban planning instruments, building regulations, seismic legislation, that on energy consumption and so on.<\/p>\n From this you can have the immediate start of the work.<\/p>\n Instead, with the\u00a0Building Permit\u00a0<\/strong>the holder submits an application for permission to proceed.\u00a0Unlike CILA and SCIA, the interventions that require the Building Permit cannot be immediately undertaken because it is necessary to wait for\u00a0the municipal administration to examine the application\u00a0<\/strong>and, subsequently, to issue the Permit.\u00a0Only once\u00a0the permit has been obtained\u00a0<\/strong>can the works be started.<\/p>\n There is, then, a particular practice called\u00a0SCIA alternative to the Building Permit\u00a0<\/strong>.\u00a0By decision of the owner and the designer in charge, this particular SCIA is presented.\u00a0This is possible only in the cases described by Art 23 T.E.U.<\/p>\n These are\u00a0building renovation\u00a0interventions\u00a0<\/strong>that lead to a building organization that is totally or partially different from the previous one and that imply changes in the overall volume of the buildings or elevations, or that, limited to the properties included in homogeneous zones A, have changes in the destination of use, as well as interventions that involve changes in the shape of buildings subject to restrictions pursuant to Legislative Decree 22 January 2004 no.\u00a042 and subsequent amendments<\/p>\n Likewise, these may be new construction and urban restructuring interventions where governed by implementation plans with precise plan-volumetric, typological, formal and constructive provisions.<\/p>\n Finally, it applies to new construction works if in direct execution of general urban planning instruments bearing precise plan-volumetric provisions.<\/p>\n The file must be presented\u00a0at least 30 days before the\u00a0<\/strong>start of the works, together with the asseveration of the designer certifying compliance with the regulations in force.<\/p>\n The municipal administration, in the 30 days between the presentation of the file and the start of the declared work, has the task of\u00a0analyzing the documents\u00a0<\/strong>presented.\u00a0In the event of\u00a0a negative outcome<\/strong>, you can notify the order not to carry out the intervention.<\/p>\n If 30 days pass without any communication from the Municipality, there is silence-assent.\u00a0From this date the intervention can be undertaken.<\/p>\n The usefulness of this tool is mainly given by the\u00a0reduction\u00a0<\/strong>of waiting\u00a0times\u00a0<\/strong>between the presentation of the file and the start of the construction site.<\/p>\n Source:\u00a0https:\/\/www.condominioweb.com\/quando-deve-essere-presentata-la-scia-e-quando-invece-la.18288<\/u><\/p>\n GECOSEI by Giuseppina Napolitano<\/p>\nThe communication of the Certified Commencement of Works, cd.\u00a0CILA<\/strong><\/h3>\n
The Certified Notification of Commencement of Activities, cd.\u00a0SCIA<\/strong><\/h3>\n
CILA and SCIA assonances<\/strong><\/h3>\n
A\u00a0copy\u00a0of the documentation (qualification and related attachments) must always be kept at the property subject to intervention.\u00a0\u00a0<\/strong><\/h3>\n
The Building Permit<\/strong><\/h3>\n
Differences between CILA, SCIA and Building Permit<\/strong><\/h3>\n
The case of the alternative SCIA to the Building Permit<\/strong><\/h3>\n
![\"\"](\"http:\/\/www.gecosei.it\/wp-content\/uploads\/2016\/01\/Firma-Giusi.jpg\")
<\/a><\/p>\n