Selling or renting a garage box separately in a condominium

In principle, the garage box can be sold or rented separately from the apartment, because an appurtenance may be the subject of autonomous acts. Article 818 of the Italian Civil Code, after establishing that acts on the main thing also cover the appurtenances, specifies that the appurtenance may be the subject of separate legal acts or relationships. There are, however, important exceptions, in particular for boxes built as appurtenant parking subject to a statutory constraint, which cannot be transferred separately from the unit they are linked to. Before selling or renting, one must therefore check the box's nature and its constraints.

The box as an appurtenance of the apartment

In most cases the box is an appurtenance of the apartment under Article 817 of the Italian Civil Code, that is, an asset durably intended to serve the residential unit. The appurtenance link arises from the owner's will and means that, unless otherwise agreed, the box follows the apartment in transfer deeds. Yet this bond is not, as a general rule, statutorily indissoluble: the owner may decide to sell the box to another owner or to a third party, dissolving the link, if no rule or clause prohibits it.

Separate transfer of the box to someone outside the condominium is possible, but must be assessed carefully, because it introduces into the condominium a new holder of a property portion, with the related rights and obligations. It is wise to check the condominium rules, which sometimes contain clauses on the intended use of the boxes or on a right of pre-emption in favor of the other owners.

Parking with a statutory appurtenance constraint

A separate category is parking built under the planning rules that require appurtenant parking spaces for new buildings. For parking built under the so-called Tognoli law, Law no. 122 of 1989, and for appurtenant spaces required by planning rules, there is a constraint that conditions their circulation: these boxes cannot be transferred separately from the property unit to which they are linked as an appurtenance. Selling the box alone in breach of the constraint may entail the nullity or ineffectiveness of the transfer.

Before proceeding with a separate sale it is therefore essential to ascertain the box's origin and any constraint, consulting the source deed, the building permit and the planning documentation. In case of doubt it is advisable to consult a notary, who will verify the asset's autonomous transferability.

Renting the box separately

Renting the box alone is generally permitted and common, including to people other than owners. The lease of a box or parking space follows lighter rules than residential leasing. Some practical aspects still need to be considered:

• compliance with the condominium rules, which may limit or regulate the access of third parties
• the correct identification of the leased object and the ways of accessing the garage
• the split of costs connected with using the box, which as a rule remain with the owner unless otherwise agreed
• the tax obligations relating to the lease contract
• any appurtenance constraint which, for parking subject to the statutory rules, may also affect the possibility of separate use

The owner who rents the box to a third party remains the holder of the property portion and continues to answer to the condominium for the related obligations, unless otherwise arranged.

Effects on the condominium and the register

Separate sale of the box changes the condominium membership, because it creates a new owner of a property unit, albeit a small one. This entails updating the condominium register with the new holder's data, allocating the cost shares relating to the box and, if the box has its own position in the tables, the right to vote on decisions concerning it. The administrator must receive notice of the transfer to update the registers and the splits.

Renting too, although it does not change ownership, must be borne in mind for managing access and communications, especially when the box tenant is someone outside the condominium. An up-to-date register is the basis for correct management.

Precautions before selling or renting

In short, before selling or renting the box separately it is wise to check three things: the appurtenant nature of the asset and any statutory constraint, the clauses of the condominium rules, and the correct cadastral and source documentation. These checks avoid void transfers, disputes with the condominium and problems at the deed stage.

AmministraPro helps keep the condominium register up to date with owners, appurtenances and handovers, and archive the documents linked to each unit, boxes included. You can see the register and document-management features on the /funzioni page and choose the right plan on the /prezzi page.