The “Credit-Based License” for construction sites: A new requirement in Italy’s regulatory framework

Italy has introduced a mandatory requirement for businesses and self-employed workers operating in the construction sector. Temporary or mobile construction sites now have to obtain a “Credit-Based License” (Patente a Crediti), which is issued when specific criteria are fulfilled. Without this license, the businesses and workers to whom the law applies will be prohibited from engaging in any activities, under penalty of sanctions.

The new requirement comes from Article 29, paragraph 19, of Decree-Law No. 19 of March 2, 2024 (Further Urgent Measures for the Implementation of the National Recovery and Resilience Plan (PNRR)), converted by Law No. 56 of April 29, 2024, amending Articles 27, 90, and 157 of Legislative Decree No. 81 of April 9, 2008 (Consolidated Law on Workplace Safety).

The measure is specifically aimed at strengthening efforts against irregular labor, enhancing safety in workplaces by encouraging the subjects covered by the law to adopt safety measures, boosting their credibility and visibility in the market.

Ministerial Decree No. 132 of September 18, 2024 (Regulation on the Procedures for Applying for the License for Businesses and Self-Employed Workers Operating in Temporary or Mobile Construction Sites), has also introduced implementing provisions.

 

Covered parties

The parties that have to get the license are businesses and self-employed workers operating on temporary or mobile construction sites, as defined by Article 89, paragraph 1, letter a), of Legislative Decree No. 81/2008 (which refers to Annex X of the Legislative Decree).

For businesses and self-employed workers established in an EU member state other than Italy or in a non-EU State, an equivalent document issued by the competent authority in the country of origin is sufficient. That’s if, in the case of a non-EU country, it’s recognized according to Italian law.

 

Exempt parties

Excluded from this requirement are:

• suppliers of goods or providers of intellectual services (eg architects, engineers)
• businesses holding an SOA certification in a class equal to or greater than III

 

License content

The license includes specific details about the company, such as: identification data, personal data, date of issuance of the license and the initial score, current score and any sanctions imposed.

The license begins with a base score of 30 points, with the potential to increase up to 100 points under certain conditions, as outlined in Article 5 of Ministerial Decree No. 132/2024. Notable among these circumstances are:

• the company’s operational history;
• investment and training activities in health and safety in the workplace;
• adopting the Organization, Management, and Control Model (231 Model) adopted pursuant to Legislative Decree No. 231/2001, in compliance with Article 30 of Legislative Decree No. 81/2008;
• having an OH&S MS certification compliant with the UNI EN ISO 45001 standard;
• adopting a Workplace Risk Assessment Document (DVR), even where standard procedures might otherwise apply.

Scores can be deducted if the company is sanctioned for failing to comply with health and safety regulations. But they can recover the credits in the future.

 

Procedural requirements

The license is issued digitally by the National Labor Inspectorate (Ispettorato Nazionale del Lavoro) as of October 1, 2024. To get the license, applicants have to meet criteria under Article 27, paragraph 1, of Legislative Decree No. 81/2008. They must:

• register with the Chamber of Commerce, Industry, Craft, and Agriculture;
• make sure employers, managers, supervisors, self-employed workers, and employees comply with the training obligations under Legislative Decree No. 81/2008;
• have the single contribution regularity document;
• have DVR, where required by law;
• have certification of tax compliance;
• designate of the Head of the Prevention and Protection Service (RSPP), where required by law.

During the initial phase of implementing the license requirement, applicants could self-certify that they had the necessary qualifications, sent via certified email (PEC) to dichiarazionepatente@pec.ispettorato.gov.it. This provision was valid until October 31, 2024.

From November 1, 2024, self-certification or a substitute declaration alone are no longer sufficient. The application for issuing the license must be submitted through the service portal of the National Labor Inspectorate.

 

Sanctions

Specific sanctions apply to:

• those who operate without a license (administrative fine equal to 10% of the total value of the work, with a minimum amount of EUR6,000 and exclusion from participation in public works);
• those who operate with a license score below 15 points (administrative fine equal to 10% of the total value of the work, with a minimum amount of EUR6,000 and exclusion from participation in public works);
• clients and project managers who fail to verify the possession of the license (administrative fine ranging from EUR711.98 to EUR2,562.91).

Legislative Decree No. 81/2008 further outlines conditions under which a credit-based license may be suspended or permanently revoked.

 

Impact on the 231 Model

The credit-based license significantly enhances companies’ 231 Models by promoting structured health and safety practices. This system encourages proactive preventive measures that positively impact a company’s initial credit score.

The credit-based license functions as a strategic defense tool. Adhering to both the 231 Model and license requirements provides compelling evidence of due diligence and preventive commitment, especially valuable in legal proceedings.

Integrating the credit-based license with the 231 Model solidifies the Model’s role as a central element of corporate governance, serving both preventive and defensive functions. By adopting this combined approach, companies can reduce the risk of sanctions and legal challenges while demonstrating a verifiable commitment to responsible, compliant operations, ultimately fostering a corporate culture grounded in safety and accountability.