The obligation to request a credit license on construction sites is one of the aspects that is creating many doubts among businesses, self-employed workers and professionals in the construction sector. Starting November 1, 2024, the request for a driving license will be mandatory for all companies that operate on temporary or mobile construction sites.
This measure was introduced to ensure greater safety and transparency in construction site operations, but it is important to understand who is actually obliged to obtain this license and how to demonstrate that they have requested it.
Have you already faced these doubts on your construction site?
Advertisement – Advertising
How to demonstrate that you have requested a credit license on construction sites
One of the main doubts raised by operators concerns the correct procedure to demonstrate that they have requested the credit licence to operate on construction sites. The National Labor Inspectorate (INL) has provided important clarifications in this regard, specifying that the application process is managed by sending a self-certification via PEC (Certified Electronic Mail).
This method offers a level of legal security, as the PEC guarantees the traceability and integrity of the message sent.
Proof of request via PEC
According to the INL, sending the request via certified email does not require the issuing of a specific receipt by the institution receiving the application. However, the operator automatically receives a delivery and acceptance receiptwhich represents valid proof that the request has been sent.
This document becomes crucial in case of checks or inspections, as it demonstrates that the request was formally submitted within the required deadlines.
Validity of the self-certification until 31 October 2024
Another fundamental aspect clarified by the INL is the self-certification deadlinewhich will only be valid until 31 October 2024. Starting from 1 November 2024, the self-certification will no longer be effective, and it will be mandatory to have obtained the credit license through the ordinary procedure.
The INL recommends not waiting until the last moment to make the request, to avoid delays or problems that could hinder access to the construction sites.
Preservation of evidence
To ensure maximum security in the event of an audit, it is advisable keep all PEC receipts associated with the sending of the credit license request, including acceptance and delivery receipts. These documents may be requested during the control phase by the competent bodies, and non-availability could expose the company to sanctions.
The INL’s response
The INL reiterated that, for companies that have already submitted the self-certification before 1 November 2024, no further documentary confirmation other than the PEC delivery receipt will be necessary.
However, caution suggests carrying out internal checks on whether the request has been forwarded and maintaining adequate document management for any future checks.
Advertisement – Advertising
When it is necessary to request a credit license on site
The INL has specified that the date of 1 October 2024, which marks the start of applications for the driving licence, does not represent a “click day”. Companies are not obliged to apply immediately, but only before starting work. For example, if a company starts its operations on November 15th, it will need to have its license by November 14th.
It is therefore essential to plan ahead, but there is no obligation to do so if you do not plan to start work before that date.
Advertisement – Advertising
Activities subject to the obligation of a credit license on construction sites
Not all construction activities are subject to the requirement of a credit licence. Companies and self-employed workers who operate on temporary or mobile construction sites must obtain a license.
The INL has provided specific clarifications: for example, anyone who carries out installation work on a concrete containment perimeter, the construction of walls or fences, or even agricultural and forestry landscaping work is required to apply for a licence.
Another crucial point concerns the role of the client or project manager. It is their duty to verify that the company or the self-employed worker has declared possession of the credit driving license or an equivalent document such as theSOA qualification certificate.
Otherwise, the client risks an administrative fine of between 711.92 and 2,562.91 euros.
