Fitness for Use – Procedure
The fitness for use certifies the compliance with safety, sanitation and energy efficiency standards in the building and for the systems, according to current legislation, as well as the works’ conformity to the approved project.
The recent regulation introduced by Art. 3, D.L. no. 222 of 25/11/2016, which reformed D.P.R. no. 380 of 06/06/2001, requires the submission of a certified notification of fitness of use to the Sportello Unico Edilizio (the Sportello Unico Edilizio is the single access point for private interest related to all administrative occurrences regarding specific authorisations or building works) in the Municipality where the property is located.
Pursuant to Art. 24, D.P.R. no. 380 of 06/06/2001 “Fitness for Use”, the holder of the building permit or the applicant of a Building SCIA (or his successor in interest) submits the request to the Sportello Unico Edilizio to obtain the fit-for-use certificate within 15 days from the end of the works. The notice must consist of a set of documents, including some written statements and certifications signed by a qualified professional. The building can be used starting from the date of submission of the aforementioned notification.
Submitting a certified notification to obtain the fit-for-use certificate is required for the following projects:
- New buildings;
- Reconstructions (both total or partial), modify of the floor height or additional floors built on existing constructions;
- Any transformation that might affect existing building’s safety, sanitation and energy efficiency standards.
Failure to submit the notification are punished with a pecuniary administrative sanction form €77 to €464.
The certified notification must be accompanied by the following documentation:
- Certification signed by the site manager or, if not appointed, of a qualified professional concerning the compliance with the set safety, sanitation and energy conversion efficiency standards of the building and its systems;
- Certificate of static testing or declaration of regular execution of the works signed by the site manager;
- Declaration of compliance with current requirements for accessibility and overcoming of architectural barriers;
- Proof of declaration of Land Registry update;
- Declaration, written by the installing company concerning the systems’ compliance with safety, sanitation and energy efficiency standards required by current legislation or, if applicable, test certificates of those systems.
However, in case of lack of compliance with safety, sanitation and energy conversion efficiency standards and requirements in the building and systems, the competentauthority can adopt appropriate contrasting measures aimed at declaring the unfitness for use of the property pursuant to Art. 26, D.P.R. no. 380 of 2001, within 30 days from the receipt of the notification.
Fire Prevention Certificate
Pursuant to to D.P.R. no 151 of 2011, activities subject to fire prevention regulations are divided into three categories (A, B and C), depending on the size of the undertaking, the activity sector, the existence of specific technical rules and the need to safeguard public safety.
For further details on activities and procedures, please see the following table.
For example, a “hotel with more than 25 beds” belongs to category A and the following activities are required:
- The applicant must submit a request in order to obtain a certification of fire prevention, stating the compliance with the requirements of fire safety;
- The local fire department authorities carries out technical inspections within 60 days from the request, in order to check the compliance with fire prevention regulations as displayed by law and with all the requirements of fire safety. The inspections can take the form of spot checks and the ways depend on sectoral programmes, type of activity or any situation of potential danger, either signalled or recognised;
- Within the same limit, in case of lack of compliance with the requirements for the practice of the activity as provided for by fire prevention regulations, local fire department authorities can adopt appropriate measures to prohibit the practice of the activity and to remove potential harmful effects produced by it within 45 days, with the exception of those parties compliant with fire prevention regulations and technical criteria. Local fire authorities, if requested, can issue a copy of the technical inspection in case of compliance;
- the person in charge for the management of the activity must periodically submit (every 5-10 years depending on the type of activity) an application for the renewal of compliance with fire regulations, which consists of a declaration stating that no changes have been occurred to the security conditions for fire prevention, accompanied by specific documents. Local fire authorities will issue a receipt of the application.
Once the Building SCIA for the fitness for use certificate has been submitted, the competent authority has 30 days to declare the unfitness of the property. At the expiration of this term, the property is considered to be fit for use.
As far as fire prevention is concerned, please see the aforementioned table.
The private investor shall bear all the costs related to the preparation of any documentation required for the submission of the Fire prevention-SCIA or any document regarding fire prevention, includingsecretariat costs possibly applied by the concerned Municipality.