What is the ”security registry” (RAS)

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The Add n. 220/2012 has brought significant changes to the condominium discipline since it has introduced provisions aimed not only at professionalizing the role of the administrator but also aimed at improving the management and safety of the condominium itself. Among the innovations is the one that has made it mandatory to draft documents certifying the safety and maintenance of the systems: the so-called Safety Registry (RAS). Let’s see together what it is and what the consequences are for the condominium and for the administrator in the event that the register is not present or is incomplete.

Condominium: a constantly evolving jurisprudenceby Triola Roberto, Ed. UTET GIURIDICA, 2024. Common areas, administrator, assembly, expenses and supercondominium.
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Premise

The expression “Security Registry” (RAS) refers to the tool present in condominiums and aimed at guaranteeing the safety and health of all those who frequent common areas.

And this, to tell the truth, is well understood if we remember that the condominium provides for the coexistence of parts of common property and parts of exclusive property where many people live and work.

In addition to the owners of the real estate units, there may be – in fact – tenants, the caretaker or all those who are involved in the ordinary and extraordinary maintenance of the structure.

What is RAS?

The RAS (security registry), which together with the RAC (condominium registry) makes up the so-called “condominium registry”, is the functional document for the management of condominium security because it guarantees that the activities and interventions carried out within the condominium comply with current regulations.

Like other condominium documents, the RAS is also kept by the administrator and can be consulted by condominium owners and third parties who have an interest, upon request and free of charge. We remind you, in fact, that the administrator has the obligation to inform about the place, day and time in which it is possible to consult the condominium documentation and, therefore, also the RAS.

Reference legislation

Legislative Decree 9 April 2008, n. 81

This decree deals with health and safety in the workplace. Also known as Consolidated Law on Safetythe decree was implemented in accordance with Article 1 of Law 3 August 2007, n. 123, and applies to all workers, both employed and self-employed.

Add n. 220/2012

This law brought significant changes to condominium regulations, making it mandatory to keep records documenting the safety of condominium buildings.

Civil Code

In the civil code it is to be taken into considerationArticle 1130 which was one of the provisions affected by the condominium reform.

This provision provides that thecondominium administrator must keep a condominium registry that includes “all data relating to the safety conditions of the common areas of the building”.

Legislative Decree no. 145/2013

Converted to Law 21 February 2014, n. 9il Legislative Decree 23 December 2013, n. 145 introduced the obligation to draw up the RAS as part of condominium management, highlighting the need for a technical file that collects information on safety conditions.

Objective of the RAS

The main objective of the RAS is to:

RAS Contents

Precisely for the purposes it pursues, the register is structured in such a way as to have a specific content. Therefore, it must include:

So among the documents that the administrator must have with the Ras we find:

The RAS and the condominium administrator

Please note, however, that the administrator, in addition to the obligation to draft and update the RAS, also has the obligation to promptly inform the condominium assembly of any critical issues that emerge in order to plan the necessary interventions.

Please note that if the administrator fails to fulfill the obligation to keep the said register, he may not only be revoked, but may also incur civil and criminal liability given that his omission may put the safety of the condominium itself at risk.

RAS not complete

An incomplete RAS, in addition to not being compliant with the regulations, makes it more difficult to plan maintenance and adaptation interventions of the common areas.

In fact, if this hypothesis occurs, it is not possible to have an updated picture of the state of the places and the systems.

This, in turn, could also have implications for condominium insurance in the event of accidents that could raise objections against the condominium requesting compensation if the latter is unable to demonstrate that it has adopted all safety measures.

Conclusions

The Condominium Safety Register (RAS) is therefore a tool that was introduced in condominiums specifically to allow all information relating to the safety of condominium buildings to be collected and managed in a systematic way, thus contributing to preventing critical issues and improving the quality of life of the condominium owners.

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