The delicate matter of the distribution of skills among engineers and architects has been the subject of two recent jurisprudential interventions.
In particular, yet another confirmation of expertise of engineers in designing an expansion of the municipal sewerage network was received from the Council of State, section. V, in the sentence. 22 December 2023, n. 11149, in which there was controversy about the possibility of an architect signing the aforementioned project, given that it concerns the historic center of the local authority.
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Skills for planning the expansion of the municipal sewerage network
Well, the judges of Palazzo Spada stated that:
- in a general way, “the design of road, hydraulic and hygienic works, which are not strictly connected with individual buildings, is the responsibility of engineers, based on the literal, systematic and teleological interpretation of the articles. 51, 52 and 54 of the RD (see Cons. Stato, IV, 22 May 2000, n. 2938; id., V, 6 April 1998, n. 416; id., IV, 19 February 1990, n. 92)”(1);
- in this perspective, “in establishing the breadth of the skills recognized, respectively, to engineers and architects pursuant to the combined provisions of articles 51 and 52 of the same Royal Decree no. 2537 of 1925, the jurisprudence confirmed the traditional orientation, regarding the inclusion in the exclusive prerogative of the engineering profession of works of a more markedly technical-scientific nature“, including those “of hydraulic engineering, modernization and expansion of the municipal water network“(2);
- moreover, it was irrelevant that, in the concrete case, the work was located underground in the historic center, as this circumstance could not represent an element in favor of the architects' competence: and in fact, the intervention still constituted a hydraulic work and in no artistic aspect was highlighted in relation to it(3).
Skills for public lighting design
The second pronunciation we point out is sent. 2 February 2024, n. 349, of the TAR Campania, Salerno, sec. I, according to which the qualification of architect does not entitle you to sign public lighting projectswhich fall within the competence of engineers.
As recalled by the Salerno judges, previously the TAR Umbria, section. I, in the sentence. 19 February 2016, n. 117, had clarified that “belongs to exclusive expertise of engineers not just the design of works necessary for the extraction and processing of materials intended for construction as well as the design of industrial constructionsbut also the design of sanitation works (including cemetery facilities) and primary urbanization worksby which we mean works relating to roads, aqueducts, purifiers, sewage pipes and lighting systems, with the sole exception of the cases in which said works do not pertain to individual civil buildings (TAR Piedmont, Section. II, 15 May 2015, n. 846)”.
The same TAR Campania, Salerno, section. I, in the sentence. 28 October 2020, n. 1547 (confirmed by the Council of State, section V, in sentence no. 5510 of 22 July 2021) had clarified that “As constantly reiterated by administrative jurisprudence «in our system, the division of professional skills between the figure of the engineer and that of the architect is still dictated by RD 23.10.1925 n. 2537 which, at theart. 51, recognizes that the engineering profession is responsible for planning for buildings and industries, for works relating to roads and means of transport, flow and communication, for constructions of all kinds, for industrial machinery and plants , as well as in general physics applications, with geometric surveys and estimation operations; pursuant to art. 52, however, civil construction works, as well as geometric surveys and related appraisal operations, are the object of both the engineering and architectural professions, with the exception of civil construction works which have a significant artistic character and restoration. and the restoration of buildings covered by legislation on cultural heritage, which are the exclusive responsibility of the architectural profession; in essence, the architect's professional competence competes with that of the engineer for the design of civil construction works onlythe designs of all works not included in the construction of buildings being reserved to the engineering profession» (see TAR Campania, Naples, section, I, 15 January 2019, n. 213).
In other words, and for what is of interest here, the reference regulatory framework reserves civil construction works only to the common professional competence of engineers and architects, while those concerning road construction, sanitary works (purifiers, aqueducts, sewerage and similar), electrical systems, hydraulic works, appraisal operations, extraction of materials, industrial works are reserved for engineers.”.
More recently, the Council of State, section. V, in 4 July 2022, n. 5569, reiterated that “the constant jurisprudence of this Council of State recognizes, in a general way, that “the design of road, hydraulic and sanitation works, which are not strictly connected with the individual buildings, is the responsibility of the engineers, based on the literal, systematic and teleological interpretation of the articles. 51, 52 and 54 of the RD (see State Council, n. 2938 of 2000; State Council n. 5012 of 2019). In the presence of works strictly accessory to building works, an extensive qualification for the professional architect is admissible (State Council no. 1692 of 2015; State Council no. 1255 of 2021), given that “the concept of 'building works civil' certainly extends beyond the more specifically structural areas, to include the entire complex of technological systems” if “in support of the building” (State Council no. 1550 of 2013; State Council no. 6552 of 2018). It follows that there must be a particularly accessory connection between the intervention and the building, i.e. that the former must be 'strictly serving a civil construction work' in order to fall within the scope of competence (also) of the architect (State Council no. 1692 of 2015 cit.)”.
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Note
(1) Council of State, sec. V, sent. 22 July 2021, n. 5510; sent. 17 July 2019, n. 5012.
(2) Council of State, sec. V, sent. 27 September 2018, n. 6552; section VI, sentence. 15 March 2013, n. 1550.
(3) Still on the subject of sewage system design, we recall the sentence. 9 October 2015, n. 2167, of the TAR Campania, Salerno, sec. I, in which the following jurisprudence was highlighted:
– “In relation to the breadth of skills recognized, respectively, to engineers and architects pursuant to the combined provisions of the articles. 51 and 52 of the rd 23 October 1925, n. 2537 (“Approval of the regulation for the professions of engineer and architect”), enhancing the distinction between the two professions of architect and engineer, a reductive reading of the concept of application of the laws of physics should be preferred, on the obvious consideration that, in wide reading, any type of artifact should be considered in it. Only works of a more markedly technical-scientific nature are therefore the exclusive prerogative of the engineering profession (for example
– “The resolution with which the municipal council entrusted the task of drafting the project for the recovery, rehabilitation and strengthening of the water distribution network to an architect and not to an engineer is illegitimate, as this assignment falls within the scope of the hydraulic engineering works which, pursuant to articles 51 and 54, rd 23 October 1925 n. 2537, must be considered textually excluded from the competence of architects” (TAR Calabria, Catanzaro, section II, sentence 9 April 2008, n. 354);
– “In accordance with the articles. 52 and 54, RD 23 October 1925 n. 2537, sewerage works and road works do not fall within the scope of the professional skills of architects, given that these works cannot be classified as “civil construction works”.” (Administrative Justice Council of Sicily, sentence 28 July 1992, n. 217).