The construction sector in Italy is on the brink of a significant regulatory shift.
From October 1, 2024, a new credit license system will be mandatory for companies operating in temporary or mobile construction sites.
This requirement, introduced by the Dl Pnrr 19/2024 (Article 29, Paragraph 19), aims to curb illegal labor practices and bolster safety standards in the construction and civil engineering sectors.

The decree implementing this new system was presented to social partners on July 23 and is currently undergoing final checks by regulatory bodies before its publication.
Concurrently, a call for applications is open until August 28 to recruit 750 new technical inspectors specializing in workplace health and safety.
These inspectors will join the existing 877 personnel at the National Labor Inspectorate (INL) and will work alongside local health authorities to ensure compliance with the new regulations.
The application details are available on the INL website under the News section.

Scope of the Regulation

The construction sector, as registered with the Chambers of Commerce, encompasses 832,547 companies, according to Unioncamere-Infocamere data. This broad sector includes not only traditional construction firms but also those involved in electrical and plumbing installations, thermal, acoustic, and vibration insulation, as well as civil and public utility engineering works.

The new credit license system applies to companies and self-employed individuals working in temporary or mobile construction sites as defined by Article 89, Paragraph 1, Letter a) of Legislative Decree 81/2008.
This includes private construction projects as well as road, rail, hydraulic, maritime, and hydroelectric works.
However, companies providing only intellectual services or supplies are exempt from this requirement.

Credit License Details

From October 1, companies must obtain a credit license from the INL, issued electronically, after verifying a set of criteria. Initially, companies will receive 30 credits, which can be increased by up to 30 additional credits based on the company's longevity and absence of health and safety violations. Further credits, up to 40, can be earned through activities, investments, or training aimed at enhancing workplace safety.

Exemptions

Companies already holding a SOA qualification of class III or higher are exempt from the new credit license requirement. The SOA certification is mandatory for companies bidding on public works contracts worth 150,000 euros or more and, since July 2023, for those undertaking superbonus-related projects exceeding 516,000 euros. Currently, around 30,000 companies hold SOA qualifications, with 6,000 in classes I and II. Therefore, approximately 24,000 companies will be exempt from the new credit license requirement, having already undergone economic and technical evaluations by one of the 14 SOA certifying bodies.

Distribution and Impact

Construction companies represent 14% of all businesses registered with the Chambers of Commerce. This percentage is higher in certain regions, such as Liguria (18.7%), Emilia Romagna (16.2%), Piedmont (15.5%), and Lombardy (15.3%). Over half of these companies (54.9%) are sole proprietorships, 32.8% are corporations (274,000), 9.29% are partnerships (77,000), and 2% are cooperatives (17,943). Lombardy has the highest number of construction companies (144,029), followed by Lazio (83,522) and Campania (77,076).

The new credit license system is part of a broader strategy to bring informal labor practices to light, aligning with the National Plan to Combat Undeclared Work.
To qualify for the license, companies must prove their registration with the Chamber of Commerce and meet several criteria, such as continuous contribution payments, demonstrating their legitimacy and active operation.

Opinions

The credit license system need to be viewed positively, but increasing regulatory requirements for all companies is only meaningful if there are effective controls to ensure compliance. The credit license system's goal makes sense only if there are actual checks to prove that qualified companies operate correctly and employ regular staff.

The credit system also rewards companies based on their registration longevity, granting up to 10 credits for this criterion.
Benozzo points out that this approach might disadvantage newer companies that invest in safety and could provide similar guarantees.

Critical Aspects and Potential Issues

1. Implementation and Compliance: Ensuring that all companies comply with the new requirements will be challenging. The effectiveness of the system depends on rigorous and consistent enforcement by the INL and other regulatory bodies.

2. Impact on Small and New Companies: The credit system's emphasis on company longevity may disadvantage newer firms, potentially stifling innovation and investment in safety by these entities.

3. Administrative Burden: The process of obtaining and maintaining the credit license could impose a significant administrative burden on companies, particularly smaller ones with limited resources.

4. Exemptions and Fairness: The exemption for companies with SOA qualifications raises questions about fairness and whether all companies are held to the same standards.

Common Pitfalls and Errors

1. Incomplete Documentation: Companies may fail to provide all necessary documentation to obtain the credit license, leading to delays or rejections.

2. Misunderstanding Criteria: Misinterpreting the criteria for earning additional credits could result in companies not maximizing their credit potential.

3. Neglecting Updates: Failing to keep the credit license updated with new investments or training activities could lead to a lower credit score.

Suggestions and Useful Tips

1. Thorough Preparation: Companies should prepare thoroughly by gathering all required documentation and understanding the criteria for the credit license.

2. Regular Updates: Regularly update the credit license with new safety investments and training activities to maximize credits.

3. Seek Professional Advice: Consulting with legal and safety experts can help navigate the new requirements and ensure compliance.

4. Monitor Regulatory Changes: Stay informed about any changes or updates to the regulations to ensure ongoing compliance.

In conclusion, the new credit license requirement represents a significant shift in the regulatory landscape for the construction sector in Italy.
While it aims to enhance safety and combat illegal labor practices, its success will depend on effective implementation and enforcement.
Companies must prepare diligently to meet the new requirements and maximize their credit potential.