Static Suitability Certificate

The certification of static fitness is one of the most important documents in the construction industry, but its mandatory nature is not always interpreted unambiguously. In this article we want to try to understand when the certificate of static fitness is actually mandatory by analyzing several concrete cases:

Case n. 1 – works subject to building amnesty

When a building amnesty is pending for a work, the certificate of appropriateness must meet the requirements of the regulations in effect at the time the amnesty application is submitted. The earthquake-resistant standards that were in effect at the time of construction will also be explored.

As regulated by Law 47/1985, it is mandatory that the application for amnesty be accompanied by a certificate of static suitability issued by a licensed technician in two cases: if the works subject to amnesty exceed 450 cubic meters or if works have been carried out in seismic zones, regardless of the volumes.
For the details of these requirements, reference must be made to the Ministerial Decree 15/5/1985, which also regulates the exceptions to be followed by the technician following the file, in addition to the structural calculation regulations in effect at the time of the assessment. Earthquake regulations will also have to be met if the property is located in an area with this risk, unless at the time of construction the area still fell into this category.
All tests on the static safety of the building, both under the effects of wind and gravitational loads, will have to be carried out, which will still differ depending on the age of the building.
Of course, the amnesty may be granted provided that the project, or the adjustment, preserves the structural consistency of the building, without demolition or expansion.

Case n. 2 – works subject to conformity assessment

If a work is subject to conformity assessment, the certificate must meet the requirements of both technical and earthquake-resistant standards in effect both at the time of construction and those in effect at the time of the application for amnesty. This concept is further elaborated under the name of “double compliance.”

For construction work without a permit or in nonconformity, an assessment process is initiated, including a static inspection certificate.
Verification occurs:
in the event that the works comply with both technical and earthquake-resistant standards at the time of application, the acceptance certificate can be proceeded with;
Whether the project is in compliance on the date of construction and the works are in compliance at the time of application submission;
if the project has not been filed, it is necessary to apply for an amnesty and then from the static inspection.
Of course, if the works do not meet the standards at the time of application, compliance cannot be granted. You need to be in possession of a certificate of static inspection in accordance with the standards.
Conformity assessment is one of those cases where controls are particularly stringent because the suitability of the works must be ensured. Also to prepare the acceptance certificate, the technician must have been a registered engineer or architect for at least 10 years.

Case n. 3 – works subject to the original issuance of the certificate of fitness

In this case, for works requiring a certificate of fitness, the static suitability must comply with both technical and earthquake-resistant standards in force at the time of construction.
In particular, new construction or work on existing buildings are required to exhibit this certification if they are buildings that have some impact on the health and safety of people.

There are particular periods or provisions when some buildings could be without a test certificate. In these cases, the application for habitability could involve an inspection of structural works, while being independent of other building procedures. Without a test certificate, structural safety can be documented by the certificate of structural fitness.
In the case of condominiums, the request for usability might concern not the whole building but only a part of the housing units. In this case, the Municipal Engineering Office will have to consider what type of certification to accept. In each case evaluated here, however, the willingness on the part of the public body to ascertain the safety of the construction emerges.

Case n. 4 – works intended for sports or public entertainment facilities

For this kind of work, the application for a certificate of static fitness must comply with all the regulations in force at the time of the application.
Due to the special nature of buildings designed to host sports and cultural performances that anticipate the attendance of a large number of people, static suitability and safety in general is verified by special supervisory commissions that apply the Consolidated Law on Public Safety.
When the capacity of facilities exceeds 100 units, the verifications become even more stringent, as specified by Ministerial Decree 14/01/2008.
Sports facilities should be checked, under normal conditions, at least every 10 years, verifying that the conditions that led to and issue the acceptance certificate have not changed.

We have seen in this article several cases where a certificate of structural fitness is required as one of the most important documents in construction. However, even with the different application, for all these cases, it is essential to verify the structural safety of a building, which is the minimum requirement that should be demanded from a Public Entity granting permits to construct or modify a building.

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