Felling a dangerous tree in a condominium

Felling a dangerous tree in the shared garden is the responsibility of the condominium as owner and custodian of the common greenery. The decision must be taken by the owners' meeting, usually after the opinion of an agronomist or qualified technician certifying the plant's instability or disease. Many municipalities make tree cutting subject to a permit or notice, with an obligation to replant. Where danger is imminent, the administrator may act urgently to prevent harm to property and people.

Why the tree is the condominium's responsibility

Plants in the shared garden fall among the common parts under Article 1117 of the Italian Civil Code. The condominium is their custodian and, under Article 2051, is liable for the damage they cause unless it proves a fortuitous event. A diseased tree that falls on a parked car, a branch that breaks off during a storm, roots that lift a path: in all these cases strict liability falls on the condominium, unless it proves an unforeseeable and unavoidable event. Neglecting a visibly unstable tree therefore exposes the community to an economic as well as a safety risk.

When felling is truly necessary

Felling is the last option, reserved for cases where the plant can no longer be saved or poses a concrete danger. First it is worth considering less invasive measures, such as reduction pruning, bracing or instrumental monitoring. The diagnosis is not left to the administrator's eye: it requires a professional assessment, often a Visual Tree Assessment carried out by an agronomist, classifying the plant's risk.

• Signs of widespread disease, wood decay or fungi at the base of the trunk.
• Progressive abnormal lean or root uprooting.
• Large dead branches over frequented areas or parking spaces.
• Extensive cavities in the trunk revealed by instrumental surveys.
• Structural interference with foundations, walls or utilities that pruning cannot resolve.

Who decides: the meeting and majorities

Felling affects the common property and usually entails a non-trivial cost, so it must be resolved by the owners' meeting. If it falls within extraordinary maintenance of the greenery, the majorities set by Article 1136 of the Civil Code for the constitution and validity of resolutions apply. In ordinary, low-value cases the administrator may act independently within the powers under Article 1130. The resolution ordering the cut should refer to the technical report, identify the contractor and provide for any replanting.

Municipal permits and constraints

Tree cutting is not always free. Many municipal greenery regulations make felling subject to a permit or prior notice, often with an obligation to replace the tree with a new specimen. If the plant sits in an area subject to a landscape constraint or is a protected monumental tree, further clearances are needed and removal without title may lead to penalties. Before proceeding, the administrator must therefore check the municipal regulation, any constraints and the protected species of the area.

Urgency: acting to prevent damage

When danger is imminent, for example an unstable tree after a storm, the administrator may order urgent works under Article 1135 of the Civil Code, then reporting to the meeting. In these situations the priority is to secure the area, cordon it off and remove the risk, documenting the state of necessity with photos and any report from the technician who intervened. Even in urgency, where the municipality requires it, notice must still be filed, setting out the safety reasons.

Cost allocation and traceability

The cost of felling and replanting the shared greenery is shared among the owners according to their thousandths (millesimi) of ownership, under Article 1123 of the Civil Code, unless specific tables apply to the garden. It is worth keeping the agronomist's report, the municipal permit, the quotation and the contractor's invoice, so as to document due diligence in case of disputes. An orderly greenery file is also the best defence against the custodian's liability.

With AmministraPro the administrator can record the technical report, the resolution and the municipal file, schedule periodic tree inspections and share the cost of the work transparently among the owners. The features are shown on the /funzioni page and the available plans on the /prezzi page.