Certified notice of business start (SCIA) and tacit consent: when the authorisation becomes final and the limits of self-redress

Once the time limits for inhibitory powers have expired (sixty days, thirty in construction matters), the activity notified through a SCIA becomes final and the administration may intervene only by way of self-redress: within twelve months, on the basis of a concrete and current public interest going beyond the mere restoration of legality, and taking into account the private party’s reliance.

A false representation of the facts allows the time limit to be exceeded only if established; a third party claiming to be harmed does not challenge the SCIA directly but must urge the administration to carry out its checks and, in case of inaction, act against the silence.

Summary note by the CommercialistiAvvocati network, based on specialised legal and practice sources. The text does not reproduce original contributions and does not constitute professional advice.