Access to the Neighbour's Land for Works: Article 843

When maintenance of the condominium's facade, roof or wall cannot be carried out without temporarily occupying the neighbour's land, Article 843 of the Italian Civil Code requires the adjoining owner to allow access and passage, provided the necessity is recognised. The neighbour must tolerate the erection of scaffolding or the transit of workers for the strictly necessary time, but is entitled to an indemnity if damage results, and to have the premises restored to their prior state once the works are finished.

The content of Article 843

Article 843 of the Italian Civil Code provides that the owner must allow access and passage through their land, provided its necessity is recognised, in order to build or repair a wall or other work belonging to the neighbour or common. The rule balances two interests: that of the person who must carry out indispensable works on their own property and that of the person who suffers the entry onto their land. The right of access is not general, but tied to the concrete necessity of the work.

If, in order to gain access, scaffolding must be placed on the neighbour's land, or materials temporarily deposited there, the adjoining owner must tolerate it. The same rule provides that, if the access causes damage, an adequate indemnity is due to the one who suffers it.

The requirement of necessity

The pivot of Article 843 is necessity. Access to another's land is allowed only if the works cannot reasonably be carried out in another way, that is, by staying on the condominium's property. Greater convenience or savings are not enough: occupying the neighbour's land must be genuinely indispensable to carry out the work. It is for the person requesting access to demonstrate this necessity, if contested.

• The works must be indispensable and not feasible while staying on one's own land
• Occupation must be limited to the strictly necessary time and space
• The neighbour is entitled to an indemnity if the access causes damage
• Once the works are finished, the premises must be restored to their original state

The typical case: scaffolding and facade restoration

The most frequent scenario in a condominium is the renovation of the facade or covering requiring scaffolding to rest, even only partly, on the adjoining land. When the condominium's own space does not allow the scaffolding to be installed, Article 843 permits it to be temporarily supported on the neighbour's land, who cannot object if the necessity is demonstrated. The obligations of site safety and minimal intrusiveness remain firm.

It is good practice, before starting, to notify the neighbour in writing of the need, the expected timing and the manner of occupation, offering to agree on the conditions. Transparent management reduces conflicts and eases the subsequent quantification of any indemnity.

The indemnity and restoration

Access itself, when necessary, is not conditional on advance payment, but if the occupation causes damage, for example the ruin of a flower bed, damage to paving or the temporary inability to use a space, the condominium must pay a proportionate indemnity. Once the works are finished, the premises must be returned to their previous state. A neighbour who suffers harm beyond the mere occupation can claim compensation under the general rules.

Who decides in the condominium and how to document

The decision to carry out works on the common parts rests with the owners' meeting, which resolves on the intervention and its financing. The manager, who represents the condominium, handles relations with the neighbour, manages the communications regarding access and oversees the execution of the works. It is essential to document the state of the premises before the occupation, with photographs and reports, in order to ascertain any damage and correctly determine the indemnity.

Management software such as AmministraPro lets the manager keep communications with neighbours, quotes, resolutions and photographic site documentation in an orderly way, reducing the risk of disputes. The features are described on the /funzioni page, while plans and costs are shown on the /prezzi page.