skiing: the new procedure that replaces the dia

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skiing: first clarifications from the ministry of simplification
the first clarifications on the trail come from an explanatory note written by the Ministry's legislative office for legislative simplification, in response to the request for clarifications submitted by the local and urban council member of the lombardia region.

the head of the office, cons. giuseppe chinè is expressed about the scope of application to the building matter of the provisions contained in article 49 of Law n.122 of 2010 and related to the certified reporting of beginning activity.

so many perplexities that the introductory law of the trail has generated in professionals and public offices, for now 5 replies from the government. We see, in reference to the document in question, what are the issues related to the concrete application of the law and what the answers.

1. application of the trail in building
the first and fundamental doubt concerns the application of the trail to the building. It was born of the general character of the norm and its object, foreign to the building sector, that is: the simplification of the authorisation procedures for the opening of new productive activities. the thesis of extraneity of l. 122/2010 to the building sector was corroborated by the fact that it, neither makes explicit reference to this area and to the licences that regulate it, nor modifies t.u. 380/2001.

the answer on this, argued in several points, is well firm: the "applicability of the discipline of certified reporting of start-up activity to the building sector can only find positive response". and this, firstly, comes from what is written in the text of the law, in the 4-ter paragraph of Article 49, which in fact introduces "an automatic mechanism of substitution of the discipline of the ski to that of the god, also in construction". this, in fact, is particularly clear in some lines of the same paragraph, in which we read that the discipline of the ski "replaces directly, from the date of entry into force of the law of conversion of this decree, that of declaration of beginning activity carried out by all state and regional regulations".

2. skiing and super-dia.
another problem concerns the interpretative doubts about the extension of the trail to the so-called super-dia, or to the god in exchange for permission to build. This perplexity, also raised by the attitude, springs once again from the lack of links between new legislation and what established by t.u.e.

the answer is clear: the trail has the same field of application of the dia and does not interfere with that of other qualification. Therefore, extending the trail to the super god, or rather to the alternative god to the permission to build, would mean going beyond those limits and expanding the scope of application of the trail beyond the boundaries established by law. in conclusion the god cannot replace the so-called super god.

3. regional legislation
the third clarification is related to the previous one and concerns the relationship between the new discipline and the regional laws carrying additional applications of alternative god to the permission to build.

also in this case it reiterates how expressed at the previous point, that is: "In this regard, it is a notice of the office writer, that the discipline of the trail does not apply to the permission to build and that the regional laws in force (...) were not affected by the entry into force of Article 49 of Law No.122 of 2010".

4. interventions first authorized with dia, in presence of constraints
Another problem of interpretation of the law arises for those interventions to be carried out in areas affected by constraints and that the law submitted to god. in particular, the measure, excluding the application of the trail if there is the existence of environmental, landscape and cultural constraints, and establishing - with the replacement of the god with the trail - the extinction of the first, generated the doubt that for this type of interventions, first authorized with god, now it is necessary to resort to the permission to build.

with the explanatory note it is clarified that for the zones subjected to constraint the trail, in substitution of the dia, as long as it is acquired in advance and attach to it the act of withdrawal of the institution responsible for the protection of the bond.
It should be noted, however, that, as established by 122/2010, the trail does not apply in cases where environmental, landscape and cultural constraints exist.

5. before the entry into force of 122/2010
The last problem concerns the building gods already presented. It is clear that the legislation in force applies to them at the time of presentation of the same, save the possibility for the private to avail himself of the new instrument by presenting, for the same intervention, a trail.

source:http://www.professionearchitetto.it...iarimenti-dal-ministero-della-semplificazione

 

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full text of Article 49, 4a of Law 122/2010



4-bis. Article 19 of Law No 241 of 7 August 1990 is replaced by the following:

'Article 19. - (certified start-up signaling - skiing). (ii) any authorization, licence, non-constitutional concession, permit or non-existent otherwise, including applications for inscriptions in alibis or roles required for the exercise of entrepreneurial, commercial or craft activities whose release depends solely on the assessment of requirements and conditions required by law or administrative acts of general content, and no overall limit or contingent or specific sectoral programming instruments for the issue of the same, and the reporting is accompanied by the substitution of certifications and the act of notoriety regarding all states, personal qualities and the facts provided for in Articles 46 and 47 of the single text referred to in the decree of the president of the republic 28 December 2000, n. 445, and from the certifications and abscursions of qualified technicians, that is from the declarations of conformity by the agency of the enterprises referred to in article 38, These certifications and certifications are accompanied by the technical processes necessary to enable the audits of the administration's competence. in cases where the law provides for the acquisition of opinions of appropriate bodies or entities, i.e. the execution of preventive checks, they are however replaced by the self-certifications, certifications and certifications referred to in this paragraph, except for subsequent verifications of the competent bodies and administrations.

2. the activity of the reporting may have started from the date of the presentation of the reporting to the competent administration.

3. the competent administration, in the event of a ascertained lack of the requirements and conditions referred to in paragraph 1, in the period of sixty days from receipt of the notice referred to in the same paragraph, shall adopt reasoned measures to prohibit the continuation of the activity' and to remove any harmful effects of it, unless, where possible, the data subject shall comply with the rules in force of that activity and its effects within a period of less than thirty days. However, the power of the competent administration to take decisions by means of self-protection, pursuant to Articles 21-quinquies and 21-nonies. In the event of substituting declarations of certification and the act of false or mendaci notoriety, the administration, remaining the application of the criminal sanctions referred to in paragraph 6, as well as those referred to in the head of the single text referred to in the decree of the President of the Republic of 28 December 2000, n. 445, can always and at any time take the measures referred to in the first period.

4. the period for the adoption of the measures referred to in the first period of paragraph 3, the administration is allowed to intervene only in the presence of the danger of damage to the artistic and cultural heritage, for the environment, for the health, for the public safety or national defense and after reasoned ascertainment of the impossibility to protect these interests by means of conformation of the activity of the individuals to the legislation in force.

5. This Article shall not apply to economic activities of a predominant financial nature, including those governed by the single text of the banking and credit laws referred to in Legislative Decree no. 385 of 1 September 1993, and by the single text on financial intermediation referred to in Legislative Decree no. 58 of 24 February 1998. the relevant judicial appeal, available from any interested party in the terms of law, may also concern acts of dissent formed in virtue of the rules on the agreed silence provided for in Article 20.

6. where the fact does not constitute more serious offence, anyone, in statements or declarations or assertions that correct the reporting of the beginning of activity, declares or falsely certifies the existence of the requirements or conditions referred to in paragraph 1 is punished by the imprisonment from one to three years".

4-ter. The second paragraph of Article 117(c) of the Constitution provides for the protection of competition within the meaning of the second paragraph of Article 117(c) of the Constitution and constitutes an essential level of the benefits relating to civil and social rights within the meaning of Article 117(c) of the same paragraph. the expressions 'certified signalling of beginning activity' and 'scia' replace, respectively, those of 'declaration of beginning activity' and 'dia', everywhere they recognize, even as part of a broader expression, and the discipline referred to in paragraph 4-bis directly replaces, from the date of entry into force of the law of conversion of this decree, that of the declaration of beginning activity' brought by all state and regional regulations.

4. to promote the development of the productive system and the competitiveness of the enterprises, also on the basis of the activities of measurement of the administrative burdens referred to in Article 25 of Decree-Law 25 June 2008, n. 112, converted, with modifications, by law 6 August 2008, n. 133, the government is authorized to adopt one or more regulations pursuant to article 17, paragraph 2, of law 23 August 1988, n. 400, on proposal of

(a) proportionality of administrative obligations in relation to the size of the enterprise and the sector of activity, as well as the need for protection of the public interests involved;

(b) elimination of authorizations, licences, permits, or declarations, certifications, certifications, however called, as well as the administrative procedures and procedures not necessary in relation to the protection of public interests in relation to

the size of the enterprise or the activities carried out; c) extension of the use of self-certification, certifications and certifications of qualified technicians and the declarations of conformity by the agency of the enterprises referred to in article 38, paragraph 4, of the decree-law 25 June 2008, n. 112, converted, with modifications, by law 6 August

2008, n. 133; (d) computerization of procedures and procedures

administrative, according to the law of 7 March 2005, n. 82, containing code of the digital administration;

(c) removal of authorizations and controls for undertakings having an iso or equivalent certification, for the activities under this certification;

(f) coordination of control activities in order to avoid duplication and overlap, ensuring the proportionality of them in relation to the protection of the public interests involved.

4-quinquies. the regulations referred to in paragraph 4-quater shall be issued within twelve months of the date of entry into force of the law of conversion of this decree and shall enter into force on the fifteenth day following the date of their publication in the official gazette. With effect from the date of entry into force of these regulations, the rules, including law, regulators of the relevant procedures are repealed. These interventions contribute to the reorganization process referred to in Article 20 of Law No 59 of 15 March 1997.

 

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clarification of the Minister for the simplification of legislation - legislative office

object: certified reporting of start-up activity. article 49 paragraphs 4 –bis and following,
Law no. 122 of 2010

reply to the request for clarification: see attached file
http://www.associazionegeometrielbani.it/wp-content/uploads/2010/09/lettera-scia.pdf