There Certified Report of Start of Activity (SCIA) it is an administrative act necessary for the start of certain building interventions. His omission can result financial penalties and in some cases, theobligation to restore the original state of the property.
Below, they are analyzed main consequences arising from implementation of interventions in the absence of SCIA.
The information in this article is collected from the volume “General construction handbook” Of Mario Di Nicolapublished by Maggioli Editore.
Sanction for interventions carried out without SCIA
The implementation of certain building interventions without SCIA involves the application of a financial penalty equal to triple the increase in the market value of the propertywith a minimum amount of 1,032 euros. Works subject to this sanction include:
- extraordinary maintenanceif it concerns structural parts of the building or the elevations;
- restoration and conservative rehabilitationwhen it affects structural parts of the building;
- building renovationwith the exception of that subject to building permit;
- variations to building permitsif they do not alter urban planning parameters, volumes, intended use or building category and do not modify the shape of listed buildings pursuant to Legislative Decree no. 22 January 2004. 42.
Interventions on restricted properties
If the interventions of restoration and conservative rehabilitation are performed on properties subject to state restrictionsregional or urban, the competent authority may order the restoration of the original state at the expense of the person responsible. In addition, a financial penalty ranging from 516 to 10,329 euros.
For interventions carried out in areas falling in zone A (pursuant to Ministerial Decree 2 April 1968, n. 1444), the manager or office manager must request a binding opinion to the Ministry for Cultural Heritage and Activities. Depending on the opinion, you can proceed with:
- the order of restoration of the property;
- the application of one sanction equal to three times the increase in the market value of the property, with a minimum of 1,032 euros.
If the Ministry does not respond within 60 days, the office manager may proceed independently without applying the sanction expected from 516 to 10,329 euros.
SCIA in progress
If the SCIA comes presented spontaneously during the execution of the worksthe person responsible for the intervention is required to pay a fee administrative fine of 516 eurosavoiding more serious sanctions.
Criminal consequences
The absence of the SCIA does not entail criminal sanctionsHowever, any sanctions remain applicable in the event of:
- Interventions carried out without building permit or in non-compliance;
- Building renovations carried out without a building permit;
- Building abuses on public lands;
- criminal sanctions, also applicable to the certified notification of start of activity as an alternative to the building permit;
- Regularization and Conformity Assessment.
In the case of interventions carried out in the absence of SCIA, it is possible to obtain amnesty through a conformity assessment, provided that the works comply with the urban planning instruments and regulations in force. This procedure applies both in the case of partial discrepancy both for essential variations.
Carrying out building interventions without submitting the SCIA exposes those responsible to significant economic consequences and, in the most serious cases, to the obligation to restore the property to its original state. To avoid sanctions, it is essential to comply with current regulations and promptly request the SCIA before starting work.
