Description
Certified signalling of the start of activities (SCIA)
Authorisations, licences, non-constitutive concessions, permits or nulla-osta, however denominated, including applications for enrolment in registers or rolls, in order to engage in entrepreneurial, commercial or craft activities, the issuance of which is subject exclusively to the verification of the requirements and prerequisites laid down by law or by administrative acts with a general content, are replaced by a declaration by the interested party, which is called certified notification of the commencement of activity (SCIA).
The SCIA allows the citizen to commence, modify or cease the activity from the date on which he submits it, without having to wait for the outcome of verifications and checks by the competent administration.
In order to allow the administration to carry out its checks, the report is accompanied by self-certifications and affidavits pursuant to Articles 46 and 47 of Presidential Decree 445/00, as well as, if expressly provided for by the regulations in force, certifications and asseverations by qualified technicians - accompanied by the necessary technical drawings - relating to the existence of the requirements. These self-certifications, attestations, asseverations or certifications may replace - subject to subsequent verifications by the competent structures and administrations - the opinions of appropriate bodies or entities, or the performance of prior verifications as provided for by law.
The SCIA cannot be used in the case of environmental, landscape-territorial and cultural constraints, for acts imposed by community regulations, and for acts of consent identified by the Provincial Council.
Within 60 days from receipt of the report, if the administration ascertains that the requirements and prerequisites required by law are not met, it adopts a reasoned measure prohibiting the continuation of the activity and ordering the removal of any harmful effects produced by it, unless, if possible, the interested party provides - within the term set by the person in charge of the structure itself (in any case not less than 30 days) - to bring the activity and its effects into line with the regulations in force. If the measure prohibiting the continuation of the activity and the removal of any harmful effects is adopted after the expiry of the 60-day period, it has no effect.
In the SCIA, the interested party must declare that the prerequisites and requirements of the law are met. In the event of mendacious declarations or false attestations, the conformation of the activity and its effects to the law is not permitted.
Silence of assent
Silence on the part of the administration is equivalent to a measure granting the application submitted by the citizen in order to obtain the necessary acts of assent to carry out a private activity not subject to the SCIA, if the citizen is not notified of the measure of refusal within the time limit for concluding the procedure. If the latter is in any event adopted after the expiry of the period prescribed for the formation of the silence of assent, it has no effect.
Without prejudice to the administration's right to act by way of self-defence even after the silence of assent has been formed, it does not apply to acts and procedures concerning the protection of the environment, the landscape-territory, the historical-artistic heritage and health, cases in which the law qualifies the administration's silence as rejection of the application, cases in which community regulations impose the adoption of formal administrative measures, and acts identified by the Provincial Council.
In the application submitted to the administration, the interested party must declare the existence of the prerequisites and requirements of the law. In the event of mendacious declarations and false attestations, the conformation of the activity and its effects to the law is not allowed.