Opening a Passage in a Common Wall: Article 1102 Limits

An owner who wants to connect two apartments by opening a door or passage in a common wall may do so, but within the limits of Article 1102 of the Italian Civil Code. The opening is lawful if it does not alter the wall's use, does not compromise its stability and does not prevent other owners from making equal use of it. It becomes unlawful, however, when it changes the function of the common asset or when it serves to connect a unit inside the condominium with one outside, imposing on the wall a burden that amounts to an unlawful servitude.

What Article 1102 allows

Article 1102 establishes that each participant may make use of the common asset, provided they do not alter its use and do not prevent the others from likewise using it according to their right. On this basis, case law recognises the owner's power to make openings in the common wall, install doors and create passages towards their own unit. This is a more intensive use of the common asset, not an abuse, because it does not withdraw the wall from its function nor deprive others of the possibility of using it.

Opening to connect two units of the same condominium

Opening a passage to connect two adjacent apartments, both belonging to the same condominium and the same owner, is in principle allowed. The common wall continues to perform its function of separation and support, the other owners suffer no limitation of their right and the change stays within the perimeter of lawful use. The technical limits remain: the work must not weaken the structure, especially if the wall is load-bearing.

When the opening is prohibited

The clearest limit concerns the connection between a unit inside and one outside the condominium. An owner is not permitted to exploit the common wall, in particular the perimeter wall, to create a passage intended to connect a property inside the building with one located outside the condominium complex. Such an opening alters the functional use of the common part and imposes on the wall a burden that gives rise to an unlawful servitude in favour of an extraneous property. In these cases case law requires the passage to be closed and the wall restored.

• Allowed: opening to connect two units inside the same condominium, within technical limits.
• Prohibited: opening that connects a condominium unit to a property outside the complex.
• Prohibited: any work that compromises stability or alters the use of the common wall.
• Unlawful: an opening that imposes on the common wall a servitude in favour of an extraneous asset.

The limit of use in favour of an extraneous property

The reason for the prohibition is that the use of the common asset must remain at the service of units that are part of the condominium. Using the wall to serve an extraneous property exceeds the limits of lawful use set by Article 1102 and turns a more intensive use, lawful in itself, into a subjugation of the common asset for the benefit of a third party. The wall would end up bearing a new and unforeseen functional load, to the detriment of the other owners' rights.

Is the meeting's authorisation needed?

The more intensive use of the common asset allowed by Article 1102 does not, in principle, require prior authorisation from the meeting, because it is an expression of the individual co-owner's right. The meeting, however, may oversee compliance with the limits and, if the opening exceeds lawful use, instruct the manager to act for restoration. It is nonetheless prudent to inform the manager and check any provisions of the condominium regulation, which may contain more restrictive clauses of a contractual nature.

Technical and structural aspects

Even when the opening is legally lawful, the technical constraint remains. If the common wall is load-bearing, the passage must be made with the necessary structural measures, for example the insertion of lintels or reinforcements, under the direction of a qualified technician. An opening made without these measures, compromising the stability of the building, is unlawful regardless of ownership, because it endangers common safety.

To keep track of owners' works on common parts, of authorisations, technical reports and any disputes, orderly management software is useful. With AmministraPro you can archive files, communications and technical documentation for each unit and common part, with a history you can consult at any time: the features are described on the /funzioni page and the plans on the /prezzi page.