Filling out the application and making changes after request
The difference between the available options “justified exemption” And “not mandatory” in the INL portal it is crucial:
- not mandatory: applies when the applicant is not subject to the possession of a certain requirement (e.g. self-employed workers not obliged to prepare the DVR);
- justified exemption: it is used when the requirement is foreseen but not yet satisfied for specific reasons (e.g. DURC not available because in the phase of contribution installments).
In case i company requirements change after submitting the application (e.g. hiring employees), it is not necessary to submit a new request.
Periodic and extraordinary checks
The Qualified, Accredited and/or Notified Bodies that they carry out periodic and extraordinary verification and certification activities (e.g. earthing systems, elevators) they are not required to possess a driving licence, since they carry out activities of an intellectual nature.
The inspection staff does not carry out operational interventions but he limits himself to attending the tests and verbalizing the outcome.
Control of subcontractors
The client or the project manager must verify possession of the qualifying title by the subcontractors at the time of awarding.
This check includes credit licence, SOA certificate or equivalent documents and must be carried out at the time of assignment by the client or the person in charge of the works.
Communication to the RLS or RLST
The legislation does not specify mandatory methods for notifying the request for a credit license to the RLS or RLST. Therefore, you can use any suitable means (e.g. PEC, email, registered letter).
DURF and non-taxability regime
For companies that operate under a VAT exemption regime and do not meet the DURF requirements, it is possible to indicate “justified exemption” when applying for a license.
The specific case analyzed in the INL FAQ concerns companies that install wine-making systems and which, by selling under a VAT-free regime to EU customers, do not achieve payments in the “tax account” for any reason that overall exceed, in the last three years, the 10% of the “revenues” of the same period to obtain the DURF.
Driving license requirement: who is interested and who is not
Businesses that act like General Contractorwithout physically operating on construction sites and using only personnel for intellectual services, they are not subject to the requirement of a credit licence. This exclusion applies to professional figures such as engineers, architects and surveyors That they do not perform manual tasks.
All the businesses hey self-employed workers who physically work on temporary or mobile construction sites (e.g. plumbers, glaziers, installers) must have a credit licence. Activities such as installation of sanitary ware or fixtures fall into this category.
In the case of family business with family employees employed with methods of occasional performance (maximum 720 h per year) it is not correct for the applicant to qualify as a self-employed worker, unless he formalizes an employment relationship with his family members. Consequentially, they are not subject to obligations relating to DVR, RSPP and other requirements typical of businesses with subordinates.
THE emergency and fire services are considered mere emergency supplies e are not subject to the obligation of the credit licence.
As regards consortium companies, these are divided into two main categories:
- stable consortia: these subjects, endowed with autonomous legal personality, are obliged to obtain a credit licence. However, they are exempted if they independently possess an SOA certification in classification equal to or higher than III;
- ordinary consortia: although they are autonomous centers of legal relations, they do not have autonomous legal personality. They are not required to hold a credit-based driving license but use the credit-based driving license or the SOA qualification certificate in a classification equal to or higher than III in possession of the associated companies.
Also, speaking of SOA certificationif a company loses the third classification SOA certification, it is necessary to request the credit licence to continue working on construction sites. During the licensing process, activities can continue, in accordance with the art. 27, paragraph 2, of Legislative Decree 81/2008.
