Owner construction work: accountability, responsibility urban construction, consequences irregularities, safety responsibility, sanctions
Even for small building work, such as the typical renovations of apartments, the customer (owner, tenant, etc..) Has specific responsibilities that are often poorly understood but may result in significant sanctions.
How to define the client?
The client is the person who commissions a work, regardless of size or amount of the same. It may be a natural person (the holder of a property owner), a legal person (eg a building) or a public body.
ll the customer can be for example the owner of a property, the tenant or borrower. Such intervention sites are those individuals to a qualifying title (SCIA, DIA, Building Permit) or a communication (CIL, CILA), the client has the role of holder of these documents. However, even in the case of simple routine maintenance, while not requiring any communication to the City, the developer still has responsibilities.
There are mainly two types of responsibilities that involve the client: the urban-building and the safety.
Responsibility for planning and building
Before any construction work you have to understand what type of action you fall according to the categories defined in art. 3 of Presidential Decree 380/01 and by the building regulations of their communities. Depending on which category you may deduct legal instrument used to perform a particular action requiring the necessary permits municipal entity.
The customer shall prepare the documentation for a CIL, CILA, DIA, SCIA or building permit depending on the type of intervention. Unfortunately, to understand that in case it is almost always necessary within the advice of your trusted technician.
For example, according to the national legislation, in the case of:
- Routine maintenance: it is possible to carry out the work without any communication.
- Special maintenance (no structural): You have to deliver the CILA hiring an architect.
- To work more "complex" you could fall in SCIA, DIA (almost completely superseded) or Permit to build and having to instruct a designer and a project manager.
Entrust the task to a designer and a project manager allows the developer to not be subjected to a number of responsibilities:
- The designer will be responsible for compliance with zoning regulations-building, sanitation, energy saving, etc..
- The project manager will be responsible for the execution of the works in a manner consistent with the project, and then on the respect of costs, schedules and 'work of the company.
Result of work carried out irregularly
But what are the consequences for a client who realizes works not complying with building regulations and appointment (if due), the designer and director of the work?
Here, too, in order to assess the penalties must consider the type of intervention. Interventions "simple" are subject to administrative sanctions, and interventions "more complex" may also result in criminal penalties and the demolition of the building.
Figure out if the project is part of the first or second category is not easy: for example, the work of recovery of a large building that resulted in the expenditure of several million euro but it only affected the adaptation of plants and renewal of all finishes is an intervention "simpler" a small veranda built on a terrace. For the veranda abusive fact you can fall in a criminal case (which also includes the demolition of the building), while the work of recovery of large building only an administrative penalty.
In case of extraordinary maintenance (typical renovations of apartments) will solve (sometimes) with a CILA in amnesty but in some cases you will have to return the property to its previous state to work performed without a permit.
Apart from the implications administrative or criminal, even if the entity in charge will not carry out the checks, without compliance with building and urban interventions may be problematic in case of sale or lease of the property.
Responsibilities in a security
The provisions of safety regulations on construction sites shall be governed by TU 81/2008. There are many cases in which the developer must appoint, before the work of custody, being the coordinator of security. The law provides some exceptions but generally triggers an obligation to appoint a coordinator to operate in the event two or more companies, a situation that often happens in the typical apartment refurbishments.
The Security Coordinator (at design and execution) is a qualified engineer who has passed a special training course, can be entrusted with this task also to the works manager or designer.
Together with the appointment of the coordinator and before the work will be sent prior notification to the competent ASL: a statement in which you indicate the names of qualified technicians, the address of the property and other details concerning the construction intervention.
Sanctions
The penalties for non-compliance with safety regulations are very important, include heavy fines and even arrest. Unfortunately, the law is disproportionate, providing severe penalties in case of small sites and individuals.
For example, if the developer does not appoint a coordinator where due to the expected sanction the arrest of three to six months or a pecuniary penalty from € 2,500 to € 6,400.
If the customer does not have technical knowledge has a way to protect themselves: appoint a "project manager" to delegate many responsibilities, solutions often adopted in the case of construction work in condominiums.
05/05/2012
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Translated via software
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Source:
Italian version of ReteArchitetti.it