Il Tar Campania si è recentemente pronunciato in merito ai limiti delle competenze professionali dei geometri nel caso di progettazione di strutture in c.a. relative , nello specifico, alla sopraelevazione di un fabbricato a uso abitativo.
Il TAR has previously stated a concept already expressed by the Council of State (Sec. II, 13 December 2006 No 3441) under which " before the issue of a permit to build the municipal authority must always ascertain whether the design has been entrusted a competent professional in relation to the nature and importance of construction as the rules governing the use and limits the scope of the professions of surveyors, architects and engineers - are said to ensure that the completion of projects and construction management are awarded to individuals who have the adequate preparation of the importance of the works to safeguard both public and private economy for the safety of people, both the safety of persons .
In this regard the Second Chamber of the Supreme Court, in sentence no 19292/2009, had already remarked on how Article 16 of Royal Decree 274/1929 allowing technical graduates (surveyors and construction experts), only the design, management and supervision of small civil construction, " excluding in all cases of works anticipating the use of reinforced concrete structures, unless that they are not artifacts of small accessories, in buildings intended for agricultural or agricultural industries, which do not require special calculations and that their destination do not endanger public safety "
and based on established case law the Tar Campania-Salerno, with ruling June 28, 2010 No 9772 therefore considered illegitimate absent on the right to construct a project, prepared by a surveyor, providing concrete structures, if not specified, with adequate explanations of the reasons why the characteristics of the project and its construction methods fall within the professional competence of the designer.
The ruling also refer the matter to the administrative court, the assessment of quantitative and qualitative level of the building, in order to determine if the same, even if provided with reinforced concrete structure, falls within the definition of "modest civil construction, whose design is limited to the professional competence of the surveyor, under Articles. 16 et seq. RD February 11th, 1929 No 274.
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