Dl Pnrr

Licence credits on construction sites for 800,000 companies

The obligation as of 1 October affects 14% of all companies registered with the Chamber of Commerce. More than half are sole proprietorships

4' min read

4' min read

There are 800,000 companies affected by the new credit licence requirement, which will be indispensable from 1 October in order to work on temporary or mobile construction sites. An obligation introduced by Pnrr Decree 19/2024 (Article 29, paragraph 19), to prevent and combat irregular work and increase the level of safety in construction or civil engineering work.

The implementing decree of the new instrument, which was presented to the social partners on 23 July, is undergoing final verification by the supervisory bodies and awaits publication.

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In the meantime, the call for applications is open until 28 August for the selection of 750 new technical inspectors in the field of health and safety at work, who will be added to the 877 already working for INL: these are the personnel who, together with those of the ASLs, are in charge of 'field' inspections to check health and safety at work in companies (the call for applications is available on the www.ispettorato.gov.it, in the News from INL section).

The audience

There are 832,547 companies registered with the Chamber of Commerce register that operate in the construction sector (source: Unioncamere-Infocamere). This is a vast sector, which includes not only those who work in the construction of building works in the strict sense, but also those who install electrical and plumbing systems, those who carry out thermal, acoustic or anti-vibration insulation work. Not only that: civil engineering and utility works are also included in the sector.

The regulation that instituted the credit licence - which is a qualification system for companies and self-employed persons active in the construction sector - introduced the new obligation for those who work on temporary or mobile construction sites envisaged by Article 89, paragraph 1, letter a) of Legislative Decree 81/2008. Thus, in addition to construction work in the private sector, this includes road, railway, hydraulic, maritime and hydroelectric works. Those who only carry out supplies or services of an intellectual nature on construction sites (i.e. professionals) are excluded.

PATENTE A PUNTI NEI CANTIERI PER 800MILA IMPRESE

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As of 1 October, these companies, whether they operate in corporate or individual form, will have to have a credit licence, which will be issued by the INL in telematic form, after certifying that they meet a number of requirements (see the questions and answers on the page).

The initial allocation is 30 credits, which can be increased up to a further 30 based on the company's seniority and lack of health and safety violations, and up to a further 40 for activities, investments or training undertaken by the company to increase safety.

Exempt companies

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Companies that already have the Soa qualification certificate 'in classification III or higher' are excluded from the credit licence requirement. This is the compulsory certification for companies that want to participate in the execution of public works with a value of 150,000 euro or more and - as of July 2023 - also for companies that execute works related to the superbonus, with a value of more than 516,000 euro.

To date, there are approximately 30,000 Soa-qualified companies, 6,000 of which are in classifications I and II. There are therefore approximately 24 thousand that will be exempt from the credit licence, because they have already been subject to economic and technical analysis by one of the 14 Soa 'certifying' bodies.

The distribution

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Companies in the construction sector account for 14% of the total number of companies registered in the Register. This incidence rises to 18.7% of enterprises in the region in Liguria, 16.2% in Emilia Romagna, 15.5% in Piedmont and 15.3% in Lombardy.

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More than half of the enterprises in the sector (54.9%) are sole proprietorships. 32.8% (274,000) are capital companies, 9.29% partnerships (77,000). Cooperatives account for 2% (17,943). The region with the largest number of construction companies is Lombardy (144,029), followed by Lazio (83,522) and Campania (77,076).

The impact of the new system

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The obligation to obtain a credit licence in order to be able to operate on construction sites is a measure adopted in the context of emersion, and is in fact part of the National Plan to combat undeclared work: in order to obtain the qualification, the company must prove its registration with the Chamber of Commerce, and a series of requirements, such as the continuity of contributions, which prove its existence and actual activity.

"This purpose of the credit licence," notes lawyer Matteo Benozzo, partner of B-Hse, a law firm specialising in environmental and safety law, "is certainly positive. Increasing the constraints on all companies, however, only makes sense if there are actually checks to demonstrate the regularity of the work on construction sites. That is, that the companies with the qualification then operate correctly, employ staff in order and so on'.

The credit system also rewards companies on the basis of their seniority in the register (recognising up to 10 credits for this). "This choice," adds lawyer Benozzo, "could penalise young companies that invest in security and could give equal guarantees.

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