Verification of earthing systems in condominiums: the responsibilities of the administrator

Managing a condominium comes with many responsibilities, including the safety of the electrical systems. One of the most important issues concerns the verification of earthing systems, which are often not adequately considered. But what are the duties of an administrator in this area? In this article, we will provide a practical and clear guide on how an administrator can fulfill their obligations.

Reference legislation: Presidential Decree 462/01

Presidential Decree 462/01, which came into force in 2002, regulates the periodic checks of earthing systems, electrical systems in areas at risk of explosion and protection against atmospheric discharges. These checks are mandatory in the workplace to ensure that the systems are safe and compliant.
The Ministry then expressed its opinion on earthing checks in condominiums through the MAP Protocol Circular no. 10723 of 25 February 2005, declaring that the obligation to check earthing is present whenever a work environment can be identified and therefore even when there is no employment relationship. Therefore, a worker also includes installers, supervisors, cleaners, maintenance of buildings, maintenance workers of related systems, equipment and managers of green spaces.

By virtue of the amendment to Presidential Decree 462/01 that took place in 2020 , however, there are two ways in which the checks are carried out:

1. Condominium in which there is a worker in the strict sense, i.e. the condominium has its own INAIL position and consequently its own CIVA. The checks are mandatory, are carried out pursuant to Presidential Decree 462/01 and follow the single national tariff.
2. Condominium in which there is NO INAIL/CIVA position: checks are mandatory, as seen before in the MAP note. But these must NOT be rendered pending the accredited sector of Presidential Decree 462/01 and therefore do not follow the single national tariff.

In a condominium, the administrator, although not always equated with an employer, can be considered as such when workers work within the condominium, such as maintenance, cleaning or security workers. This is what the D. Lgs. 81/08, which extends the obligation of checks to environments in which work activities are carried out, even if these figures are not direct employees.
The mandatory checks referred to in the MAP circular mentioned above must always be carried out by a Qualified Body pursuant to Presidential Decree 462/01, even when checks are carried out in a non-accredited area.

The responsibilities of the condominium administrator

The periodicity of the checks

The extent of the penalties

The penalties related to the failure to verify the systems can be both administrative and criminal, depending on the seriousness of the violations.
Administrative penalties: In the event of failure to periodically maintain earthing systems, protection against atmospheric discharges or in areas with danger of explosion, the penalties vary between €2,500 and €6,400. In addition, if during an inspection you do not have the reports of the checks carried out, the fines can range from €500 to €1,800.
Criminal sanctions: Criminal penalties are provided for lack of checks in areas at risk of explosion or failure to assess the risk of lightning. In these cases, arrest is provided for from 3 to 6 months. For other violations such as failure to protect against the risk of contact or surges, the shutdown can range from 2 to 4 months.
It is important to remember that the checks must be carried out by Bodies Authorized by the Mimit, thus ensuring the regularity and impartiality of the control.

How to appoint an Authorised Body