- How to identify the necessary forms
The single forms have a modular structure and depend on the requirements of the individual procedure. The Single Self-Certified Declaration of Works for Productive Activities (DUA) form is necessary for any kind of application (petitions/SCIAs/messages etc.), for new or existing activities, and must be used for both construction-related activities, those relating to the carrying out of a business activity, and for any additional SUAP-related procedure. The DUA must not only be submitted as part of the declaration of building code compliance (a specific form is provided for this), for the simplified termination of business activity (for which the C6 form is sufficient), for all additional matters (for which the C5 form is sufficient), for the final inspection and for some F-type forms, which are separate.
In the case of applications for which meetings of authorizing bodies are required, also the "petition" form must be submitted.
The declaration must also include the necessary forms, depending on the type of procedure. The forms to be attached are divided into five categories:
A) A-type attachments are the declarations of compliance and the sworn documents to be submitted by a qualified operator. In particular, the A0 form (Checklist), which is mandatory for all construction procedures and those involving complex business activities (based on the analysis performed by the business advisory centre), includes a checklist of all the technical and administrative fields that must be checked for compliance. For each of the fields of interest resulting from the checklist, the appropriate declaration of compliance must be filled in.
B) B-type attachments relate to the type of business that is or is planned to be performed. They must report all the specific information about the enterprise, regardless of the type of work to be undertaken (regardless, that is, of whether it is a new company, a succession, a transfer, etc.).
C) C-type attachments relate to the types of productive actions (setting up of new activities, successions, transfers, variations, etc.), regardless of the type of production itself. They will always be together with the corresponding B-type attachment to provide an overall picture of the action. The exceptions are the C5 and C6 forms, which must be submitted separately.
D) D-type attachments are the forms related to declarations of the possession of the moral and professional requirements needed for different types of activities. From time to time, they will be combined with the matching B- and C-type attachments, in the manner indicated in the tables. In particular, D3 (anti-mafia requirements) must necessarily be attached to all B-type forms, except those relating to commercial activities and the administration of food and beverages.
E) E-type attachments relate to the additional requirements for all types of enterprise. They also include the food hygiene notification, declarations for the sale of special products (used goods, objects with sharp blades, non-prescription drugs, etc.), the sale of products subject to excise duties, etc.
F) F-type attachments relate to other information associated with the application procedure. For example, Attachment F1 contains the data of any and all joint submitters of the DUA, Attachment F3 contains the notification of commencement and end of construction works, etc. Some of the F-type attachments are stand-alone forms, which therefore need not be attached to the DUA.
As a rule, no additional forms are required to be submitted as attachments to the single forms, with some exceptions that are indicated in the tables. It is no longer necessary to use the individual forms previously used in relation to the sector rules.
- Form update
Forms are constantly updated to keep the contents up to date as required by law, to improve their functionality and cover cases and circumstances not previously provided for. Make sure to download the forms whenever a new application is to be submitted. For this purpose, the form section of the portal includes a reference to the latest updates next to the file name.
At the bottom of each form the history of the document is reported, with a description of its recent changes: by checking this table you can learn more about its updates, and see if the previous versions may still be used.
Although filling in the updated forms is always important, the SUAP system usually accepts an older version, especially during the first few days following the update, unless the changes are not substantial compared to the content of the declaration; the use of the latest form available is in fact recommended to make statements that fully comply with the applicable rules and regulations, but it is not in itself a strict obligation, the failure to comply with which might result in the rejection of the file. Bear in mind that the forms are in fact guidelines for making statements about respect for the regulations, as provided for by Law No. 3/2008, but what gives full validity to the application is the presence and completeness of the declaration, rather than the use of a particular module.
In particular, should you have any doubts, the filling in of the latest published version of the form may be compulsory only if there are substantial discrepancies between the version submitted and the updated one, such that the statement on the previous form submitted is regarded as incomplete and ineffective. In all other cases, older versions can still be accepted, making sure, if necessary, to add the statements that may be missing in the extra space available (for example using the fields "notes" or the residual D100 form).
- How to fill in the forms
Forms are available in PDF compilable format. Data may be inserted only in the dedicated fields. Under penalty of rejection of the application, the basic text of the forms cannot be changed, especially the disclaimers reported therein.
Make sure to key in the name of the person signing on all forms in the boxes for the signature. Only if no name is provided, a scanned copy of the document will be required.
N.B.: On the last line of part 1 of the DUA, or the corresponding section where the DUA is not applicable, a certified email address must be provided. In the absence of this, the application will not be accepted.
- Digital signature and power of attorney
All forms, technical drawings and any other document attached to the application as part of the same dossier for which a handwritten signature is required, must be signed digitally. It is not necessary to digitally sign files such as receipts of payment, identification documents, insurance policies and any documents that may be submitted as simple copies.
As a general rule, the documents must be digitally signed by the person signing the corresponding paperwork. If the signatory does not have a digital signature, she/he can provide a special power of attorney delegating a qualified professional or other eligible entity to digitally sign documents.
In the event of a special power of attorney for the signature, the proxy will then acquire and keep at his or her own office/home all paper documents, signed in original copy by the signatory/ies, and add his or her signature to the scanned copy.
For the issuing of a special power of attorney, the F15 form must be filled in. It is needed when the person involved does not have a digital signature and/or a certified mail address: by completing the F15 form, you may delegate any other person for both purposes, clearly identifying him/her by ticking the relevant check boxes:
- To digitally sign all documents in the signatory’s name and on his/her behalf;
- To submit the SUAP application (uploading on the regional software panel or submitting through the PEC mail address).
The two procedures may be concomitant or single (that is, you can delegate for the digital signature only, for the submission only or for both purposes).
The power of attorney for submission will be sufficient if the person concerned has a digital signature and applies her/his own signature, while she/he does not have a PEC and/or an account for the portal (and thus delegates another person with a certified email address and login credentials to the portal only to transmit documents to the SUAP).
When the person concerned has neither a digital signature nor a certified email address or system credentials, the power of attorney for both cases may be granted.
However, no special power of attorney is necessary for the sole purpose of appointing a professional to prepare the documents, including drawings, for submission to the business advisory centre.
The special power of attorney for the digital signature can be given only by the interested parties, and not by professionals who simply prepare the application: they must be in possession of a digital signature.
In the event that there is more than one signatory without a digital signature, each of them is required to give a special power of attorney for signing; for this purpose, should the proxy be the same for all, it is sufficient to report the list of delegating persons in the appropriate section of form F15.
N.B.: While in general keying in the name of the signatory on the forms in the signature field is sufficient (scanning the signed originals is not required), this does not apply to the F15 forms containing special powers of attorney. In this case, the paper document signed by the interested party should always be scanned, unless she/he has digitally signed the document (in the case of a power of attorney for submission only).
- Naming and saving files
The documents included in a business advisory centre application must be saved:
- In DWF format, for all design drawings
- In PDF format, for all other documents
No other file format is accepted.
When naming the files included in the application, the following rules must be followed:
- The names of the files should not contain any spaces or special characters other than the underscore ("_") or the dot;
- As for forms, the file name must be a progressive number, followed by the form number only, without any further description [e.g.: 1_DUAAP.pdf.p7m; 4_A1.pdf.p7m; 6_B21.pdf.p7m];
- For additional documents (graphs, reports, attachments), the file name must include a sequence of numbers followed by a short string of text (max 20 characters) identifying their content [e.g.: 24_Relazione_tecnica.pdf.p7m; 18_PiantaPT.dwf.p7m; 31_Doc_identita.pdf].
All files sent through channels other than the regional portal of the business advisory service must also include a F16 form with the list of documents attached to the application. For applications sent through the portal, the attachment list is generated automatically by the system and is added to the form list; therefore it is not necessary to fill in the F16 form.
If the F16 form is filled in, each file must include a SHA-256 fingerprint code. It can easily be obtained using a freeware program available on the web to decode the control code (or checksum file).
Select the file, obtain the checksum file code, copy it and paste it on the F16 form; the operation must be repeated for each of the files included in the application. Make sure that the checksum code is indicated according to SHA-256 coding.
- Adding and replacing documents
As for the addition and substitution of documents, form F9 must be used.
The additional documentation must be filed electronically by accessing the existing application on the regional portal, through the "communications" special feature. Avoid the submission of additional documents by creating a new application.
First of all, it should be noted that there is no need to resubmit the special power of attorney (F15 form), if the proxy is the same person, as the power of attorney is valid for the entire duration of the procedure, unless expressly revoked.
The F9 form must be filled in by using the same filename system used for the files submitted in the first application, as described above.
The additional documents must be numbered and named in the order used in the submission of the first application, starting from the first available number: for example, if at the time of submission 17 attachments have already been submitted, the first additional document will be number 18, and so on.
Replacing documents must have a name and number different from the document that they replace: for example, if you are replacing document No. 8, the new document will take the first available number (let's say 18, if 17 annexes have previously been submitted).
As for the forms, the words "bis", "ter" or other letters may be added to their names: for example, the replaced "B15" form will be named "B15bis".
HOW TO FILL IN THE BASIC SINGLE SELF-CERTIFIED DECLARATION FORM
The single self-certified declaration form must be used for all procedures related to production facilities and the carrying on of business activities, regardless of the nature of the declaration. It will also be valid for procedures regarding building work, for those connected with the carrying on of business activities, for SCIAs and for all obligations related to any changes performed during company life.
The form consists of several sections, each of which relates to one aspect of the declaration. Filling in all the sections of the form is compulsory.
- Section 1 – Certifier’s personal data
This section includes detailed information of the person who signs the self-certified declaration. Such information may be the same as the owner of the estate or another person entitled to act as the property owner, or as the manager of the production facility. In particular, it is highly recommended to fill in the fields related to contact details (postal address, telephone, fax, e-mail) which the offices may use to contact the person as quickly as possible. If the self-certified declaration form is submitted jointly by more than one person, section 1 will include the data of the first applicant, while the data of the additional applicants are to be reported on the F1 form as shown in the following Table 8.
The last line of the first page must always give a certified email address. In absence of this address, the application will not be accepted.
Box 1.1 must include a brief description and summary that identifies the subject of the application, such as "Construction of a building for use as a hotel", "Opening a neighbourhood non-food retail business", "Renovation and change of use from warehouse to commercial and business activity and start-up of an outlet for the sale of food and drinks", etc.
Section 2 - Data on premises or land
This section must include data on the location of buildings or the lands used by the business activity. Applications with data on the carrying on of the business activity must report the place where the activity is performed and not the company’s registered office (which must instead be reported in box 1).
Filling in all the fields is not compulsory, but in any case, such data must clearly and unambiguously indicate which property is involved. In particular, box 2.2 must be compiled in the case of construction projects, while box 2.3 must give the exact name shown on the main shop sign used to identify the business activity; such information is mandatory for all submissions involving business activities.
For delocalised activities for which the use of buildings is not necessary, only box 2.4 must be filled in.
- Section 3 - Properties and the availability of premises
This section includes data relating to the owner of the buildings involved in the business activity, or at least the premises where the work is carried out. If the owner of the premises is the same as the person indicated in section 1, simply tick the appropriate box: it is not necessary to include the same data in the following fields. Box 3.1 must be completed if the owner of the premises is a natural person, while box 3.2 must be filled in if the property is owned by a legal person.
Box 3.3 must be ticked the declaration present and the title by which the signatory named in section 1 has the availability of the premises (ownership, lease, loan, etc.), and the details of registration of the deed providing such availability.
- Section 4 - Details of the procedure – building profiles
This section includes the details of the proposed action, with reference to building profiles.
Filling in box 4.1 is compulsory; it asks if the application requires building works of any type (construction works, change of use, modifications of buildings or land of any kind).
If not (i.e., for proceedings related only to activities that do not provide for any building works), tick "NO" and complete boxes 4.1.1 or 4.1.2; you can then go directly to section 5.
If you tick "YES", select the statement next to "YES" and fill in boxes 4.2, 4.3 and 4.4.
In box 4.2, specify only one of the types of intervention provided in the form; the right column the forms of reference A1 (ordinary building work), A20 (internal works and emergency maintenance) and F13 (free building activities).
Box 4.3 must include a sufficiently clear and comprehensive summary with a description of the construction work to be carried out.
If any work is to be performed on the property, attachment A0 (checklist) must be completed, as well as the relative declarations of compliance. In the case of execution of internal work, emergency maintenance, free building activities or changes of use (with no work to be performed), if no technical, environmental, sanitary or safety-related constraint applies, the completion of the checklist can be skipped.
Box 4.4 must report whether the premises host a business activity and, if so, whether such activity is expected to be suspended during the construction work. If the activity is not suspended, explain in detail all the precautions that will be put in place to ensure a safe and healthful environment during the construction work, thus allowing the appropriate controls.
- Section 5 - Details of the procedure - company profiles
This section includes the details related to the proposed action, with reference to company profiles.
Make sure you answer the question posed in box 5.1, asking whether the procedure involves the exercise of a business or professional activity of any kind.
If the answer is "NO", you can skip section 6; while if the answer is "YES", fill in all the following sections.
Box 5.2 must report the specific purpose of the DUA depending on the activity to be carried on. Report at what point of company life reference is made to (setting up, succession, transfer, variation, etc.). Depending on your choice, the right-hand column suggests that form C form must be completed.
Box 5.3 must include the details of the owner of the productive activity. If she/he is the same as the one reported in section 1, simply tick the appropriate box; if she/he is different, it is necessary to report the details also in section F1 and jointly register the application; if the DUA refers to a construction project and the person who will carry on the future business activity is unknown, tick the appropriate checkbox ("l’esercente non è noto" - the operator is unknown).
- Section 6 - Details of the activities
This section gives three options: ticking at least one is mandatory:
- The first option is the case in which the DUA refers to a housing project, built by and on behalf of construction or real estate companies, and refers to the following section A;
- The second option is the case in which the DUA refers to a specific activity, or the activity that will be carried out in the building under construction is well known. Tick "L’attività svolta nei locali oggetto della presente dichiarazione autocertificativa è la seguente" - "The activity carried out on the premises that this self-certified declaration refers to" and then report the type of activity in the appropriate section B.
- The right column of Section B suggests that form B must be completed for applications relating to the carrying on of the activity, depending on the choice made (caution: attaching form B is not mandatory for applications relating to the sole purpose of carrying on a business activity).
The open field must also be filled in to describe in detail the activities performed (e.g. running a neighbourhood non-food retail shop, a bakery for producing typical sweets, bar-restaurant, etc.). The completion of this section is always required when the self-certified declaration refers to the carrying on of a business activity.
- The third option refers to the case in which you intend to build or intervene on a building with a general indication of its desired use, but the type of activities that will actually be carried on is not known. This procedure is highly recommended, because failure to provide information on a specific business activity prevents verification of the specific requirements that must be met to allow the start of production activities, and thus provide the certainty of the investment that the construction work requires. In such cases, it is necessary to complete section C and tick the disclaimer contained therein. In any case, it is mandatory when the information inserted in the boxes regarding the type of activity is incomplete. It obviously cannot be selected for all self-certified statements regarding the carrying on of activities.
- Section 7 – Type of procedure
The correct completion of this section is of fundamental importance for the validity of a self-certified statement. In fact, it must report the type of procedure that starts with the declaration itself: the data entered by you will have to report whether the statement is a valid alternative to formal authorization (and also, if its validity starts on acceptance or 20 days after), or if you need to wait for a final approval, since the procedure provides for the summoning of a meeting of authorizing bodies.
Only boxes 7.1, 7.2 or 7.3 can be used.
- Box 7.1 regards the self-certified declarations that allow implementation of the action after twenty days from acceptance of the application. In the light of existing regulations, this case is limited to those for which a building permit for the work was previously applied for, for which there are no discretionary assessments;
- Box 7.2 covers simple cases, in which the action can be implemented from the date of submission. This applies when the DUA concerns only the carrying on of an activity and does not call for discretionary technical evaluations (Regional Law 3/2008, paragraph 20/bis), when the applicable legislation provides that, even implicitly, the notification has immediate validity, but also for actions (including construction work) that fall within the scope of the SCIA, pursuant to Article 19 of Law no. 241/1990.
- Box 7.3 deals with the case in which a meeting of authorizing bodies is required, pursuant to Article 1, paragraphs 24-25 of Regional Law No. 3/2008. This procedure is admissible only in discretionary cases, as indicated in paragraph 24, and listed on the form. It is therefore necessary to tick the box reading "Il sottoscritto è consapevole che l’intervento/attività oggetto della presente DUA potrà essere avviato solamente previa acquisizione di provvedimento favorevole ad esito della Conferenza di servizi" - "The undersigned is aware that the actions/activities covered by this DUA can be started only after obtaining a favourable outcome at the conclusion of the meeting of authorizing bodies" and fill in the field located at the end of the box with a brief note identifying the reasons for which such a meeting is required, with reference to the issues indicated in the list above.
- Section 8 - Other signatories of the self-certified declaration
This section must state whether the person named in section 1 is the only holder of the DUA, or if there are one or more co-applicants, indicating their total number. When the application is submitted by a number of applicants, each of them (except the first applicant) will have to fill in form F1 and digitally sign the DUA (including by proxy).
- Section 9 - Notes
This section may include all the notes and information that do not fit in the other fields of the self-certified declaration to provide more specific details of the action to be implemented.
- Section 10 - Final declarations
The correct compilation of section 10 is of fundamental importance for the acceptance of a self-certified statement. In particular, make sure you provide an answer to all the questions.
In each part of the section it is the possible to tick "No change from the authorization already regularly obtained" with a field where the details of the authorization certificate can be added: in such cases, if the application is not to be submitted again. It is important to specify that since the date of release of the authorization, no substantial changes have taken place in production and/or business activities.
All check boxes in box 10.6 must be ticked. In particular, the legitimacy of the declaration must be affirmed: in the case of construction works, if the applicant is not the owner of the premises, she/he is required to attach the owner’s authorisation; similarly, for changes to be made in existing companies, when the applicant is not the owner (e.g., the applicant leases business premises), she/he is required to attach a deed of authorisation.
- Section 11 – Date and signature
This section must include the date of signing, and the keyed-in name of the signatory or signatories.
In the case of a joint application, report in this section all the names of the applicants (including those listed in the F1 forms).
Remember that the date is needed to identify the day when the declaration is signed, but it has no bearing on setting the date of the authorization: only the date of submission of the documentation to the business advisory centre is valid for this purpose.