Silent assent, resounds in the text of the Madia Law, in force on 28 August 2015, and also applies in the context of environmental, landscape-territorial protection, cultural heritage and citizens' health becomes valid. There is an extension of the mechanism, therefore, silence assent and, in all the aforementioned areas, for the adoption of all administrative measures for which it is necessary to acquire an "okay" - consent, concerts or clearance - from other public administrations.
Silence assent: what it provides
This law is part of a reform process, reorganization and simplification of the administrative machinery of the State. The article about silence assent is 3, and we are in the context of "intra" public administrations or between public administrations and managers of public goods or services.
Now it works that the silence of "tot" days is a silence assent, is automatically understood as an "okay" by those administrations or other public entities that would have the obligation to communicate their "consent, agreement or clearance" by that deadline. In most cases, if you don't take advantage of the silence assent but we "talk" before the "tot" days, then it is necessary to accompany your opinion with the relevant documentation.
It happens that it is necessary for the regulatory and administrative measures inherent to the situation "at stake" to be adopted. The value of the silence assent it lies precisely in this “within“ tot ”days”, because if everything is silent, it is taken for granted, this “okay” which, if absent, would block everything. Attention, I repeat that the silence assent it is a mechanism currently valid in relations between administrations and public entities, not when private citizens come into play. The "tot" days are usually 30, but the"environmental" extension change the cards on the table, and the numbers.
Silence-consent extended also to environmental protection
Already precious in its own right, the silent assent extended to environmental protection it is even more so. Before the public administrations that wanted to adopt regulatory and administrative measures within the competence of public administrations that also had to deal with the so-called "Sensitive interests" – environment, territory and landscape, cultural heritage and citizens' health - in the absence of silent consent, they waited infinite times to acquire consent, concerts or clearances that had to come from those who have the task of protecting these "Sensitive interests".
If there are no counter orders the silence assent extended to environmental protection provides for a "tot" of days to wait equal to 90: this is therefore the deadline for sending the opinion for the adoption of regulatory and administrative measures for environmental, landscape-territorial protection, cultural heritage and citizens' health. After that, it is as if no one has anything against it.
The Madia Law confers many powers on the government. Some of these may also interest us who have an interest in energy-environmental sector. For example, the conference of services has been revised and has also acquired environmental approvals, the Scia and the procedures for iter such as express authorization and prior communication have also been reformed, very close to ours silence assent, as a bureaucracy.
They have been "touched" by it law of silent assent also the Chambers of Commerce and the regulation of local services of general economic interest and areas of the State itself such as “Forestale”, “Authority” and Prefectures have been reorganized in order to optimize resources and make services more efficient, while minimizing waste. Also of time, as in the case of silent assent.
Silence Assent: usability
The certificate of viability is one of those contemplated by the mechanism of silence assent. It is a document that certifies the conditions of safety, hygiene, healthiness, energy saving of the buildings and systems installed. The issuer of this certificate is the manager or manager of the competent municipal office and the presentation of some documents to the Municipality is required.
Once the application has been submitted, however, we can count the days to take advantage of the silence assent, because in the absence of a formal provision issued by the Municipality itself, the practicability is still considered certified. After 30 or after 60 days. After 30 if there is the opinion of the ASL, after 60 if there is a self-certification, only possible for residential construction work.
Silence Assent: permission to build
Faster times for the building permit should also be expected thanks to the silence assent introduced last August 2015. As also for the constructions that pass with Wake which will be less at risk of disputes.
The administrations that had to provide consent and clearance for the building permit now have to reckon, and count the days, with those provided for by silence assent which in this case speaks of 30 days. After expiry, we proceed as if we all agreed. This, together with the extension to environmental protection, leads to a significant streamlining of construction activities.
Silence Consent between individuals
The silence assent, with its environmental extension, it has undoubtedly changed the relations between public administrations. This new mechanism, however, must not be considered valid for relations between PA and private individuals. At least, for now, the extension did not concern the subjects involved who were and remain those of the Public Administration. Not us as individual citizens. For us therefore, nothing changes, directly, but certainly the silence assent it is proposed as the new and “optimizing” rule of dialogue between public administrations and also between them and the entities that manage public services.
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