Decreto SCIA 2: le nuove norme sulla semplificazione in materia di commercio, edilizia e ambiente Decreto legislativo, 25/11/2016 n° 222, G.U. 26/11/2016

Al via le norme sulla semplificazione delle attività private in materia di commercio, ambiente ed edilizia.

E’ stato pubblicato in Gazzetta Ufficiale il decreto legislativo 25 novembre 2016, n. 222, con il quale vengono individuati i titoli abilitativi e i relativi regimi giuridici per l’esercizio di determinate attività in materia di commercio, edilizia ed ambiente (G.U. n. 277 del 26 novembre 2016, Suppl. Ordinario n. 52).

Nella Tabella A allegata al decreto sono elencati i procedimenti amministrativi ed i titoli abilitativi necessari per l’avvio delle attività nei seguenti settori:

  • attività commerciali e assimilabili: vi rientrano: commercio su area privata e commercio su area pubblica; somministrazione di alimenti e bevande; strutture ricettive e stabilimenti balneari; spettacoli e intrattenimenti; sale giochi; autorimesse; distributori di carburanti; officine di autoriparazione; acconciatori ed estetisti; panifici; tintolavanderie; arti tipografiche, fotografiche ecc.;
  • edilizia: la tabella opera una ricognizione degli interventi edilizi, indicando per ciascuno di essi il regime amministrativo di riferimento: permesso di costruire, Cila, Scia e attività libere;
  • ambiente: sono individuati i procedimenti riguardanti l’Aia (autorizzazione integrata ambientale), la Via (valutazione di impatto ambientale), l’Aua (autorizzazione unica ambientale); le emissioni in atmosfera, la gestione dei rifiuti, l’inquinamento acustico, gli scarichi idrici, le dighe ecc.

I titoli abilitativi sono i seguenti:

  • la segnalazione certificata di inizio attività (Scia);
  • l’autorizzazione espressa;
  • il silenzio-assenso;
  • la comunicazione.

Vediamo in dettaglio come si articola il regime giuridico per ciascuno di essi:

  • Comunicazione
    Laddove nella tabella è previsto il regime della comunicazione, essa (eventualmente corredata delle necessarie asseverazioni o certificazioni richieste dalla legge) produce effetto dal momento della presentazione alla Pa interessata o allo Sportello Unico.
  • Scia
    Il regime della Scia si articola in tre diverse varianti:
    1. Scia: ai sensi dell’art. 19 della legge n. 241 del 1990, l’attività può essere iniziata immediatamente; entro 60 giorni (30 in materia edilizia) la Pa effettua i controlli sulla sussistenza dei requisiti e dei presupposti richiesti per lo svolgimento dell’attività; quando sia accertata la carenza di tali requisiti, la Pa può vietare la prosecuzione dell’attività o chiedere all’interessato di conformare l’attività alla normativa vigente;
    2. Scia unica: si applica l’art. 19-bis, comma 2, della Legge n. 241/1990. Quando per lo svolgimento di un’attività soggetta a Scia è sono necessarie altre Scia o comunicazioni e notifiche, l’interessato presenta un’unica Scia allo Sportello Unico del Comune, il quale la trasmette immediatamente alle altre amministrazioni interessate per i controlli di loro competenza.
      Se entro 60 giorni (30 in materia edilizia) si accerta la carenza dei requisiti, la Pa può vietare la prosecuzione dell’attività o chiedere all’interessato di conformare l’attività alla normativa vigente.
    3. Scia condizionata (art. 19-bis, comma 3, della Legge n. 241/1990): quando la Scia è subordinata all’acquisizione di autorizzazioni o atti di assenso comunque denominati, l’interessato presenta l’istanza allo Sportello Unico contestualmente alla Scia. Entro 5 giorni è convocata la Conferenza di servizi. L’avvio delle attività è subordinato al rilascio delle autorizzazioni, che viene comunicato dallo Sportello Unico all’interessato.

Per le attività soggette a Scia, il termine di diciotto mesi entro il quale può essere disposto l’annullamento d’ufficio (art. 21-nonies, comma 1, legge n. 241/1990), decorre dalla data di scadenza del termine previsto dalla legge per l’esercizio del potere ordinario di verifica da parte dell’amministrazione competente.
Resta fermo quanto stabilito dall’articolo 21, comma 1, della legge n. 241 del 1990: “in caso di dichiarazioni mendaci o di false attestazioni non è ammessa la conformazione dell’attività e dei suoi effetti a legge o la sanatoria prevista dagli articoli medesimi ed il dichiarante è punito con la sanzione prevista dall’articolo 483 del codice penale, salvo che il fatto costituisca più grave reato”.

  • Autorizzazione
    Quando la tabella indica l’autorizzazione, è necessario un provvedimento espresso, salvi i casi in cui è previsto il silenzio-assenso ai sensi dell’art. 20 della Legge n. 241/1990.
    Se per lo svolgimento dell’attività è necessario acquisire ulteriori atti di assenso, si applicano le norme in tema di Conferenza di servizi (artt. 14 e ss. Legge n. 241/1990).
    Entro 5 giorni è convocata la Conferenza di servizi per acquisire le autorizzazioni, il cui rilascio è comunicato dallo Sportello Unico all’interessato.
    Quando la tabella indica l’autorizzazione più la Scia, la Scia unica o la comunicazione, alla domanda di autorizzazione è possibile allegare una semplice Scia, una Scia unica o una Comunicazione per le attività che lo prevedono.

Nel settore edilizio, oltre a modificare alcune disposizioni del Testo Unico dell’Edilizia (D.P.R. n. 380/2001), il decreto rinvia ad un successivo provvedimento, da emanare entro 60 giorni, per l’adozione di un glossario unico contenente l’elenco delle principali opere edilizie e l’individuazione del relativo regime giuridico.

In materia di commercio, i Comuni, d’intesa con le Regioni e sentite le Soprintendenze e le associazioni di categoria, potranno delimitare zone o aree di valore archeologico, storico, artistico e paesaggistico in cui è vietato o subordinato ad autorizzazione espressa l’esercizio di una o più attività commerciali, individuate con riferimento al tipo o alla categoria merceologica, in quanto non compatibile con le esigenze di tutela e valorizzazione del patrimonio culturale.

 

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