To understand what really changes with the art. 5 of the Bill of conversion of DL 40/2010 (Decree incentives) must start from the result. The new rewriting of Article 6 of the Uniform Building (Presidential Decree 380/2001) on the activities of building free, he did talk to the media for several days helping to produce so much paper. The same will continue to sink the technical departments of municipalities.
With DL 40/2010, approved by a vote of confidence in the Senate at its meeting on May 19, it creates a new qualifying title called "notice of commencement activities," which would be composed of DIA as the graphic and technical report prepared by a sworn written by a professional technician. In the report, the technician must declare not have dependencies with the company, nor with the developer, and must asseverate, take responsibility, that the work which substantiates the intervention, under existing State regulations and regional levels, do not require the prior issuance of a qualifying title, and instruments are consistent with the approved planning and building regulations in force.
L ' regulatory innovation is that there is no obligation opt-out of 30 days, limited to minor works included in the new bed. b (extraordinary maintenance) of Art. 5 of the amendment and the declaration of independence against the company by the customer.
Designer, yes or no?
But we come to the fundamental point, namely the role of the designer who will be limited to preparation of the technical report and draft be attached to the communication, exhausted, in fact, before the commencement of work. Essentially the role of the designer, who has tried to defend Federarchitetti Rome after the planned liberalization by DL 40/2010, is resolved in the production of paper. Just what you wanted to abolish it and instead takes on particular value, because, under the new paragraph 5, for all the work "the person concerned shall arrange for the acts of updated register within 30 days from the date of the change, as provided Article 34 - d, paragraph 2, letter b) of Law 80/2006.
among countries and regions and field competitor The new rules will present at least the merit of ' uniformity at the national level, given that the ordinary statute regions is given the option of establishing additional content to the technical report or extend the measures for which there is no need to Dia. Regional laws calling for the Dia exist in Campania, Emilia Romagna, Liguria, Lombardy, Sardinia, Tuscany and Umbria, plus the provinces of Trento and Bolzano. The government of the territory is a matter of competence: the state it is the definition of principles, to the regions to implement them with their own laws. And to appeal to the TAR if you do not agree .
History To understand the path so far made up from scratch. Decree Law 40/2010 replaced the Dia-off with communication activities in communities, even by the owner, to perform maintenance extraordinary non-structural parts on building, but doing prejudice to more stringent regional standards.
During the conversion step in the House introduced an obligation to submit a report to the Technical Communication and a draft signed by a qualified technician. Failure to communicate will only cost € 258, the penalty is reduced by two thirds if the communication is done spontaneously, when jobs are running. It is now possible for ordinary statute regions building work to extend these measures to further ; to provide for the needs of the technical report for further action beyond those already mentioned; and to determine additional content to the technical report. And we are today .
Posts liberalized by Law 40/2010
a) routine maintenance (see Appendix)
b) the planned maintenance of communication with activities beginning;
c) interventions aimed at 'elimination of architectural barriers (not a ramp, lift / outdoor products that alter the shape of the building);
d) the temporary facilities for research in the subsoil, and
) structures for earth movements related to agricultural and pastoral activities agricultural hydraulic equipment
f) structural works related to temporary needs to be removed within 90 days from end of the need (and therefore away free temporary structures cd . poor);
g) not seasonally mobile greenhouses masonry, functional agricultural activity;
h) works to finish paving and outdoor spaces, including parking areas;
i) the solar panels, photovoltaic and thermal, with no storage tank to service the buildings.
l) non-profit recreational areas and the furnishings of the areas appurtenant buildings.
For interventions in b), f), h), i) el), the user can advance (in place of practice paper) to communicate electronically to the City the type of surgery and the other required information provided by special regulations and also, in the case of maintenance, the data that the company will execute the work .
For assistance referred to in subparagraph b), the conversion law provides in addition the obligation to attach to the statement above, a technical report together with the construction documents and signed by a certified
The need for Dia: The qualifying title (Dia) is necessary whether the involvement of maintenance leads to:
- the modification of structural elements (eg, demolition and / or moving load-bearing walls);
- 's increase of the area or volume , or change of intended use real estate unit object of intervention ;
- the split into several units Estate.
Documentation
necessary precondition for liberalization of compliance remains extraordinary maintenance intervention:
- the requirements of local planning instruments (typically, the General Plan and its implementation plans);
- the regulations Industry affecting construction activity, such as those relating to seismic safety, fire, health and hygiene, energy efficiency;
- and, bound for the buildings for reasons of cultural, historical, artistic, etc.., the provisions of the Decree. 42/2004 ( code of cultural heritage and landscape ).
the start communication work should be accompanied by both any authorizations required under the regulations for the sector (eg, favorable opinion of the Superintendent, Buildings bound), and the identification data of which they will entrust the implementation of the work.
addition to sending the communication there are no other implications such as communication the beginning and end of work, final inspection (article 22 paragraph 7), the request for access; do not configure the variant (any changes the project is a new communication) and there is a duty, the provisions of paragraph 5, submission of documents to update cadastral
source: casaeclima
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