Certified Agility Reporting: the new legislation and what has changed
19/03/2018
Legislative Decree 25 November 2016 n.222 abolished the Certificate of Viability and replaced it with the Certified Report of Agility (S.C.A).
This document is necessary for completing the administrative process following the Building Permit or an equivalent building permit, and is presented in the case of new constructions, reconstructions or additions, total or partial, and in the case of interventions on existing buildings that may affect on the safety, hygiene, healthiness and energy saving conditions of buildings and the systems installed in them.
The old process provided that the certification of usability was the exclusive responsibility of the relevant municipality: after the completion of the works, the request for certification was submitted and the municipality, after having carried out checks on all the documentation attached to the request, issued the certificate.
The new legislation now provides that the usability of the property is no longer certified by the Municipality, but by the Qualified Technician following the recovery and verification of all documents certifying the conditions of safety, healthiness and compliance with current legislation.
The new Certified Report of Occupancy must be presented within fifteen days of the completion of the finishing works of the intervention, at the one-stop shop for construction, accompanied by all the plant, structural and cadastral documentation relating to the property. The Responsible Office has 30 days to check the documentation and request any additions or clarifications. Failure to submit the certified report of usability entails the application of a pecuniary administrative sanction ranging from €77 up to €464.
The real news, therefore, is that the S.C.A. it will be valid from the date of presentation, therefore in cases where it is necessary to have the certification of usability of the property in a short time, the property manages not to wait the 30 days previously foreseen. On the other hand, however, if previously the responsibility fell on the public office, in the event of an error, total responsibility now falls on the certifying technicians, who in the event of a false declaration will have to assume all the risks required by law.
For the purposes of usability, the certified report may also concern:
Individual buildings or individual portions of the construction, provided they are functionally autonomous, if the primary urbanization works relating to the entire building intervention have been completed and tested and the connected structural parts have been completed and tested, as well as the systems relating to the common parts have been tested and certified ;
Individual real estate units, provided that the related structural works are completed and tested, the systems are certified and the common parts and primary urbanization works declared functional with respect to the building subject to partial usability are completed.
by Eng. Domenico Bruno tel. 346 0722066
Expertise Re is a real estate agency based in Catania in Corso Sicilia 105, which operates mainly in Palermo and Catania, also through a network of selected real estate agents, present throughout Sicily, Calabria, Rome and Milan.
Expertise Re is a real estate agency specialized in the sale and rental of entire buildings, income properties, commercial premises, industrial warehouses, offices, executive buildings and hospitality and residential properties.
He also has skills in the evaluation of individual assets and real estate portfolios, and in the study and analysis of intervention plans aimed at the disposal and redevelopment of properties according to specific needs and objectives.
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