In condominium management, one of the most delicate aspects concerns relations with companies in charge of carrying out works or providing services. A fundamental theme, often underestimated, is that linked to the contribution regularity of the companycertified through the DURC (Single document of contributory regularity).
When the condominium entrusts works to a company (for example for extraordinary maintenance, the remake of the facade or interventions on the plants) the administrator has the obligation to Verify that the DURC is regular before proceeding with each payment. This document certifies that the company is In compliance with payments Due to social security bodies (INPS, INAIL, building coffers, etc.) and is therefore a protection tool not only for workers, but also for the client, that is, for the condominium itself.
What happens if the DURC is not regular
If the DURC turns out negative or expired The condominium must suspend payment to the company. This is not just a prudence advice, it is a real legal obligation. In fact, on the basis of article 29 of Legislative Decree 276/2003, the client who pays a contractor not in compliance with the contributions risks being considered jointly responsible: This means that it could be called to pay directly to INPS, INAIL or other bodies the sums due by the company.
In essence, if the condominium pays despite the irregular Durc, social security creditors will be able to rivalersi directly on it. And it may not only be limited figures: in some cases the contribution debt of a company can also reach very high amountsputting the condominium budget in serious difficulty.
When you have to check the DURC
The DURC must be requested and controlled:
– before entering into the contractto verify that the company is already in compliance with the assignment of the assignment;
– before each paymentthe Durc, in fact, has limited validity (normally 120 days) and may no longer be valid at the time of the balance;
– It is important that the condominium administrator performs this verification in a timely and documented wayalso to avoid possible future disputes from the condominiums.
What to do if the DURC is irregular
If the Durc is irregular, the payment must be suspended and the company must be invited to regularize your position contribution. Only after having presented a positive DURC will it be possible to proceed with the balance of the invoices.
If the company fails or does not want to regularize, the condominium will also be able to terminate the contract and, if necessary, entrust the work to another company, asking for any compensation for the damage suffered.
If the condominium pays the same
If, despite the negative Durc, the administrator should proceed equally to the paymentthe risks are concrete, and may involve:
– Responsibility direct towards social security institutionswho will be able to act for the recovery of non -paid contributions;
– Responsibility staff of the administrator For bad managementwith possible responsibility actions by condominiums;
– greater costs for the condominiumwhich could be paid twice, to the company and social security institutions.
The verification of the DURC, therefore, does not represent one simple bureaucratic formalitybut one concrete protection For the condominium against very economic risks
serious.
The administrator must adopt a prudent and rigorous attitude, avoiding payments without regular DURC, protecting the common assets and ensuring transparent and correct management of condominium affairs.