Mandatory construction criteria to avoid building abuse

It constitutes a Building abuse whenever new buildings or renovation works are carried out, without respecting the mandatory construction criteria imposed by the technical standards for construction, by urban planning instruments or by the various safety and protection provisions.

Likewise, it is illegal work when it is carried out without requesting the relevant permits or authorizations where necessary, or when, despite obtaining the qualification, unforeseen interventions are carried out or with essential changes to the project.

Let's see below what the construction criteria and mandatory requirements are to avoid building abuse.

Criteria to avoid building abuse: materials and techniques

The technical standards set out in the Consolidated Law on Construction concern all public and private works which:

1. They are made of normal or pre-stressed reinforced concrete conglomerate, or of a metal structure;
2. They are influential from a static point of view;
3. They could represent a danger to public safety.

The construction systems envisaged in these cases are:

• Structures framed in normal or pre-stressed reinforced concrete, in steel, or in a combination of the aforementioned materials;
• Load-bearing panel structures;
• Masonry structures;
• Timber structures.

To find out all the mandatory criteria to be respected depending on the different construction systems in order to avoid building abuse, read also: “Construction standards: specific characteristics of construction systems”.

Additional obligations to be respected before, during and after the works

In addition to respecting all the construction criteria, in order to avoid the risk of building abuse, it will also be essential to satisfy the technical and administrative requirements set out in the TUE.

Specifically, all new construction works subject to technical building regulations – or building renovation interventions involving the same works – must be carried out on the basis of an executive project drawn up by a qualified technician registered in the relevant register. For further information, read: “Building abuse: the designer's responsibility”

Instead, the actual execution of the interventions will be managed by the director of the works, a qualified technician registered in the relevant register, who following their completion will also be required to present a technical report to the relevant one-stop shop in which he declares respect for all the obligations and obligations imposed. For further information, read: “Works manager: obligations and responsibilities”

The works manager will also be required to take care of the conservation of the work log and the mandatory documents that must be kept on site from the start of the works until the end date of the same. The documents must also be signed by the builder and the works manager. To find out more, read: “Documents in the pipeline: which ones must be there?”

Before carrying out new works subject to technical standards or restructuring interventions on them, it will always be mandatory to present the work start report at the desk of the competent municipal office.

The report must be sent before starting the interventions, exclusively electronically, via PEC or using any portals made available by the local administrations. To find out more, read: “Telematic job reporting: when is it mandatory?”

All constructions subject to compliance with technical building regulations must be subjected to static testing procedures in order to verify their safety and stability.

The static test must be carried out within a maximum of 60 days from the end of the works by an engineer or architect, registered for at least 10 years, who must have been appointed before starting the works and must in no way have been involved in the planning, management or execution phases of the work. To find out more, read: “Static testing: what it consists of, when it is mandatory”

Mass production in factories: report and analysis of materials

With regard to companies that deal with the mass production in factories of normal and pre-stressed conglomerate products and complex metal products – which are influential from a static point of view and which can represent a danger to public safety – the technical standards have the obligation to communicate the works in advance to the Central Technical Service of the Ministry of Infrastructure and Transport.

Specifically, a specific report must be sent containing:

1. The description of each type of structure, indicating the possible applications and the related calculations, with particular attention to those referring to the entire behavior under load up to cracking and failure;
2. The detailed description of the construction methods and procedures followed for the execution of the works;
3. The description of the characteristics of the materials used for the works, with the related tests carried out at one of the laboratories considered official, namely:

• • Laboratories of university institutes, polytechnics and engineering faculties;
  • Laboratories of the faculties or university institutes of architecture;
  • Construction Science Laboratory of the Study and Experience Center of the fire prevention and civil protection services of Rome;
  • Laboratory of the Experimental Institute of Rete Ferroviaria Italiana SpA;
  • ANAS Road Experimental Center in Cesano.

The Ministry of Infrastructure and Transport has the right to authorize additional laboratories, in addition to those mentioned, in order to carry out:

• Tests on building materials;
• Laboratory tests on soil and rocks;
• Tests and checks on building materials on existing structures and buildings.

The activities of the laboratories, however, must be aimed at providing public utility services.