Business Rules - Construction & Building

Business rules that constrain operations in the Construction & Building domain. These rules derive from statutory obligations, technical standards, and professional ethics. They are enforced regardless of contractual or commercial pressure.

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BR-001 - Structural Inspection Mandatory for RC, Steel, and Timber

Type: Regulatory constraint Authority: D.P.R. 380/2001 art. 67; NTC 2018 Rule: All buildings with structural elements in reinforced concrete (RC), structural steel, or structural timber must undergo a formal structural inspection (collaudo statico) by an independent Collaudatore before an Agibilità certificate can be issued. Consequence of violation: SCA cannot be issued; building cannot be legally occupied.

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BR-002 - Independence of the Structural Inspector (INV-05)

Type: Conflict-of-interest prohibition Authority: D.P.R. 380/2001 art. 67 Rule: The Collaudatore (structural inspector) must be a different person from the structural designer and must have no connection to the contracting firm. This is an absolute invariant that cannot be waived by any party. Consequence of violation: Collaudo is legally void; personal liability of all parties.

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BR-003 - Safety Costs Not Subject to Price Reduction (INV-06)

Type: Cost protection rule Authority: D.Lgs. 81/2008 art. 100; D.Lgs. 36/2023 Rule: The safety costs estimated in the PSC (Health and Safety Plan) are a fixed, non-negotiable amount in public tenders. They cannot be reduced, bid below, or excluded from the scope. Private contracts must document explicit acceptance. Consequence of violation: Contract irregularity; administrative sanctions for the contracting authority; personal liability of the CSP.

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BR-004 - Building Operations File Delivered on Completion

Type: Mandatory deliverable Authority: D.Lgs. 81/2008 art. 91 Rule: The Fascicolo dell'Opera (Building Operations File) prepared by the CSP and updated by the CSE must be handed to the Committente upon completion of works. The file documents all safety-relevant information about the completed building for future maintenance. Consequence of violation: Administrative fine; professional liability of the CSP/CSE.

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BR-005 - Materials in Use Must Conform to the Approved Project (INV-03)

Type: Technical conformance rule Authority: NTC 2018 §11; D.P.R. 380/2001 art. 20 Rule: All materials incorporated into the works must match the grade, class, and standard specified in the approved project and the Capitolato Speciale d'Appalto. Any substitution must be authorised by the DL (and by the structural designer and Collaudatore if structural characteristics are affected). Consequence of violation: DL can order removal and replacement at contractor's expense; collaudo may fail.

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BR-006 - Progress Payments Must Not Exceed the Net Contract Amount (INV-04)

Type: Financial integrity rule Authority: D.P.R. n. 207/2010; D.Lgs. 36/2023 (public works) Rule: The cumulative net amount of all SALs liquidated on a contract must not exceed the net contract amount (after any approved variation orders). The DL must verify this constraint before issuing each SAL. Consequence of violation: Overpayment; administrative liability of the DL and the contracting authority.

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BR-007 - DURC Must Be Valid for Public Contract Payments (INV-08)

Type: Contributory compliance rule Authority: D.Lgs. 50/2016 art. 80; D.Lgs. 36/2023 Rule: A contracting firm with an expired or negative DURC (Documento Unico di Regolarità Contributiva) cannot receive payments from public contracting authorities and cannot be authorised for ongoing sub-contract work. The DURC is valid for 120 days from issue. Consequence of violation: Payment suspended; subcontract authorisation revoked.

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BR-008 - APE Required Before Agibilità (INV-07)

Type: Energy performance prerequisite Authority: D.Lgs. 192/2005; EU EPBD 2010/31/EU Rule: A building cannot receive a Segnalazione Certificata di Agibilità (SCA) in the absence of a definitive APE (Energy Performance Certificate) prepared on the as-built state. This rule applies to all new construction and major first-level renovations. Consequence of violation: SCA filing rejected; building cannot be legally occupied.