What changes with Law no. 34 of 11 March 2026?
The publication of Law No. 34 of 11 March 2026, concerning the annual law on small and medium-sized enterprises, introduces significant innovations for the construction sector and particularly for the system of construction consortia. The provision, which came into effect on 7 April 2026, is part of an evolutionary process already initiated with the Public Contracts Code (Legislative Decree No. 36/2023) and its subsequent amendments, representing a significant revision of it.
A strengthening of the consortium model
One of the main objectives of the reform is the strengthening of aggregative forms between businesses, considered strategic for increasing competitiveness, especially in sectors with high organisational intensity such as construction. In this direction, the law introduces the recognition of consortium centres as “system mutual organisations”, with functions of coordination and development of aggregated SMEs.
This is a relevant passage: the legislator no longer merely regulates traditional consortia, but is building a higher organisational level, capable of integrating expertise, resources and industrial strategies.
The most significant intervention for the building sector concerns Article 5 of the law, which amends the rules for participating in public tenders laid down in Article 67 of Legislative Decree No. 36/2023.
In the previous system, the ability to participate in tenders by valuing the requirements of consortium members was primarily recognised for consortia of cooperatives and those of artisan businesses.
With the new legislation, this facility is also extended to stable consortia, eliminating an inequality that had characterised the system in recent years.
The regulatory amendment also introduces a substantial change in the relationship between:
the consortium's own requirements
resources (means, equipment, personnel) of member companies
The wording shifts from cumulative logic to alternative logic: the consortium can demonstrate its technical and organisational capacity by relying exclusively on the resources of the consortium companies.
This element represents a significant simplification, but also entails greater responsibilities during execution, with strengthened controls by contracting authorities.
Law No. 34/2026 does not introduce a completely new system but is configured as an evolutionary revision of the existing regulatory framework.
In particular:
• it integrates with the Public Contracts Code (Legislative Decree no. 36/2023), updating specific articles;
•takes into account the changes already made by recent corrective measures (including Legislative Decree no. 209/2024);
• harmonises the regulations between the different types of consortia (co-operatives, artisans, stable).
The objective is to overcome fragmentation and interpretative uncertainties that, over the years, have often created operational difficulties for businesses and contracting authorities.
Operational impacts for the construction sector
For building consortia, the new provisions translate into:
•greater flexibility in participation in competitions;
•enhancing the skills of the partner companies;
• strengthening the strategic role of consortia as aggregating entities;
• necessity for more structured management of requirements and resources.
At the same time, transparency and traceability obligations are increasing, especially during the execution phase of contracts, to prevent the improper use of requirements.