Simplifications regulatory risk in 18 of the 20 Italian regions. From a careful analysis of the decree incentives, and the final text should go short the signature of the Head of State, you can see how this intervene on Article. 6 of the consolidated text of the laws and regulations on construction (Presidential Decree No 380/2001), liberalization of certain procedures relating to building works that can be executed without any qualifying title, in practice, without any report of start of activity (DIA) but shall apply unless more restrictive provisions of the Framework and the regional planning instruments .
latter clause provides the opportunity for municipalities to rely on tools planning and building regulations before liberalization launched by the Government wanted to create a legal framework, however, unclear and subject to interpretation. As argued, in fact, the Prime Minister Silvio Berlusconi and the Minister of Economy and Finance Giulio Tremonti at a press conference that followed the approval of the decree on Friday, the Government, the decree did not wanted to upset the powers of governors who may continue to assert their planning instruments. The latest version of the decree provides for incentives, then, in the event of conflict between the rule more restrictive state and regional, that the latter outweighs the former.
In practice, given the building regulations the individual regions, only Sardinia and Friuli Venezia Giulia have liberalized the maintenance operation to remove the obligation of submission of the DIA. While the other 18 regions can always rely on his instruments by creating a planning uncertainty that may not be contained since the regions do not adjust the standard state. Meanwhile, if the rule were to pass as is, individuals will experience a climate of uncertainty which certainly will not help the construction industry (already in a severe crisis), not knowing if they can apply the state standards and then simply present communication to the City of beginning work, or whether they will follow the standard regional and then a technical delegate for the submission of the DIA.
This hypothesis has prompted the engineers at Palazzo Chigi to review their positions and seems plausible that before the signature of the Head of State to be made of the latest changes that will go to solve the problem. Different
the interpretation given by the National Association of Building Contractors (ANCE ) while acknowledging the uncertain regulatory framework, argued that "the decree and innovative than the current regional legislation" and that only with a law Next to the decree incentives "regions can stop this innovation by launching more restrictive rules prevailing ".
In both cases, we report the ' alarm raised by the entire professional world . engineers, architects, surveyors and industrial experts, forgetting the recent squabbles job skills have united their voices and expressed their strong opposition to the decree which effectively eliminating the incentive for extraordinary maintenance DIA, is in conflict with the rules and regulations relating to seismic safety, energy conservation, safety and protection of the territory. The President of the National Council of Engineers , John Rolando, said: "The new incentives introduced by the decree, when they defer to the customer's responsibility to evaluate if the work can escape the control of the DIA, clash with the recent entry into force of rules and regulations relating to seismic safety, energy conservation, safety work and protection of the territory, the rules become so easy to evade. In addition, the decree does not provide incentives for all those professional groups involved in the construction sector, however, the bands at this time suffer the most consequences of a crisis that the industry is investing heavily .
Council also opposed the National Architects that, in a recent press stated that "The possibility of intervening without qualifying title on maintenance and other significant building activity is not a desirable simplification of administrative intervention, but on the contrary, it induces very serious consequences in relation to security, protection of heritage building, the responsiveness of interventions to rules of building type, landscape and environment and opportunity for the government to control the action on the existing heritage .
Dura also critical of the National Council of Surveyors that its President, Geom. Fausto Savoldi said to share attempt to streamline procedures building but "the presence of a technician who takes responsibility for the declaration of conformity to the law of action is required. It is not a task that can be assigned to an enterprise without a qualification."
Devalenza Angelo National Council of Industrial Experts argued that " exclude the jurisdiction of the professional engineer for the works of maintenance does not mean doing a favor to the city, but create serious problems in safety, since it was precisely the professional to assume the burden of declaring that the action was lawful .
remember, finally, the comment of the Order Architects of Rome (see news ) not wanting to accept this measure has started a ' action in concert with other provincial orders , with the engineers and surveyors to search for in all possible ways to change the text Decree of being converted into law.
Meanwhile remember that the decree provides incentives for the complete replacement of Article 6 of Decree No 380/2001 with the "liberalization" of certain procedures relating to building work and children can be executed without any qualifying title (in practice without any report of start of activity), except in cases where there are no specific restrictive provisions, some interventions building such as:
- the routine maintenance;
- the unplanned maintenance, unless it relates to structural parts of the building, without increasing the number of housing units and do not involve increase in urban standards;
- interventions aimed at removing architectural barriers that do not involve the construction of external ramps or elevators, or to artifacts that alter the shape of the building;
- the temporary works for research activities which have a geognostic underground, except for activities oil exploration, and are performed in areas outside the town center;
- soil movements are closely relevant to the exercise of agricultural activities and agro-forestry-pastoral practices including work on plumbing landowners;
- works designed to meet the objective requirements and temporary quotas and to be immediately removed at the end of needs, but within a period not exceeding 90 days;
- greenhouses seasonal furniture, having no masonry structures, functional in the pursuit of agricultural
- works, paving and finishing of exterior spaces, including areas stop, which is contained within the index of permeability, if determined by the local planning instrument;
- solar panels, photovoltaic and thermal storage tank without external service to the buildings to be developed outside the areas of type A as per law No 1444/1968;
- areas play a non-profit and the furnishings of the areas appurtenant buildings.
