CONDOMINIUM AND SHARED PARTS

In a condominium is the attic always to be considered a common shared part?

We all know how often, in condominiums, problems and disputes can arise among the various owners in relation to the the management of common shared parts of the building; it is not always clear who is supposed to pay the various expenses, all the owners or just a single owner.

First of all, it is worth highlighting that in accordance with Italian law, a condominium is a building in which there is exclusively owned property together with common shared parts. Common parts are, for example: the rooms for the boiler and/or the central heating of the apartments, the premises where the elevator is located, the expenses for its maintenance and so on.

Some areas of common management, such as the attic, can often be the subject of controversies, leading to long lasting Court cases in order to understand who should take charge of the related management and maintenance costs.

Article 1117 of the Civil Code is helpful in identifying those that are to be considered the common parts of the building; some parts are necessarily to be considered shared such as masonry walls and foundations, others are classified as common in relation to the purpose for which they are intended, a practical example is the porter’s home, which is considered to be a shared part.

As for the attic, as recently pronounced by the High Court of Justice, this must be considered a shared part when it is connected in a material and/or functional way with one or more units that are exclusive property and is destined to common use by all the owners.

In the event that you are in the position of wanting to claim exclusive ownership of the attic, you will need to make sure you pay special attention to providing adequate proof of your ownership of the same.

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