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.
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:
- collect information on all aspects of building safety, including periodic checks of systems, compliance checks and maintenance carried out;
- provide a clear overview of the procedures to be followed in the event of emergencies, such as fires or floods, and identify those responsible for managing such situations;
- ensure that all condominium members are informed about the safety measures adopted, potential risks and emergency procedures, promoting a culture of safety within the condominium;
- facilitate access to data necessary for any checks by the competent authorities, improving transparency and regulatory compliance.
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:
- information on workers of maintenance, cleaning and other activities companies periodically carried out in the condominium;
- documentation regarding the assessment of specific risks of common spaces, such as stairways, lifts, garages and gardens;
- the recording of ordinary and extraordinary maintenance interventions carried out, including details on the executing companies and the safety measures adopted;
- information on training courses and information sessions aimed at condominium administrators and, where applicable, condominium owners;
- the list of safety devices installed in common areas, such as fire extinguishers, emergency signs and fire-fighting systems;
- information on any medical visits and health checks for workers employed in the condominium.
So among the documents that the administrator must have with the Ras we find:
- The system booklets;
- Declarations of conformity;
- Technical inspection reports by inspection bodies;
- Declarations of habitability;
- Building permits;
- Projects and system diagrams;
- Fire prevention certificates;
- The condominium risk assessment document;
- Current procurement contracts.
- record all relevant information and update the register periodically.
- ensure that external companies operating in the condominium comply with safety regulations.
- inform the condominium owners of the safety measures adopted and any procedures to be followed in the event of an emergency.
- ensure the availability of the RAS for any inspections by the supervisory bodies.
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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