The code governing public works, services and supply contracts and concessions, which replaced Legislative Decree 50/2016. For the architect it is the ground of design competitions and the award of architecture and engineering services: it sets principles, design levels, procedures for selecting the contractor and rules on fees. It revolves around the principle of result.
It applies to contracting authorities and granting bodies for awarding public works, services and supply contracts and concessions. It directly concerns designers and firms taking part in design competitions or receiving architecture and engineering service commissions, as well as companies and public administrations. It does not apply to contracts between private parties.
The methodological novelty of D.Lgs. 36/2023 lies in the principles that open it. The principle of result makes the award and timely execution of the contract, at the best possible quality-to-price ratio, the lens for reading all the rules. The principle of trust values the autonomy and responsibility of the official; the principle of market access protects competition and equal treatment. They are interpretive keys, not mere declarations.
For those who design, two tools matter most: the design competition, promoted as the main route to architectural quality and idea selection, and the award of architecture and engineering services, with dedicated procedures. The code reaffirms the application of fair fees, safeguarding the dignity of the professional service.
The full, up-to-date text of the code and its annexes can be consulted free of charge at the official source indicated on this sheet.
Yes: it replaced Legislative Decree 50/2016. Its provisions took effect from 1 July 2023. It is subject to later corrective measures, to be checked at the official source.
Two: the technical and economic feasibility design (PFTE) and the executive design. The definitive level has been removed and its contents redistributed.
It is the code's guiding principle: the award and execution of the contract must aim at the best possible result, promptly and at the best quality-to-price ratio. It guides the interpretation of all other rules.
The code recalls and strengthens the principle of fair fees in the award of architecture and engineering services, safeguarding the quality and dignity of the professional service.
Not in absolute terms, but the code promotes it as a preferred tool for design quality and regulates its conduct; the choice of tool rests with the contracting authority, in line with the principles.