Light Wells and Air Shafts: Nature and Costs

The cavedio, also called chiostrina, vanella or light well, is that small open space enclosed between the internal perimeter walls of the building, intended to provide air and light to secondary rooms such as bathrooms, storage spaces and hallways. Unless a title provides otherwise, it is subject to the same regime as a courtyard and falls among the common parts set out in Article 1117 of the Italian Civil Code. The practical consequence is clear: its maintenance falls on all owners in proportion to the thousandths (millesimi), not only on those whose windows face it.

What a light well is and what it is for

The cavedio is a vertical space inside the building, of small dimensions, that allows air and light to pass towards interior rooms with no direct view onto the street or courtyard. It often also houses drainage stacks, ventilation flues or common pipes. Because of its function of ventilation and lighting for the benefit of the whole building, case law treats it like a courtyard and affirms its condominium nature.

The presumption of condominium ownership

In the absence of a notarial deed or a contractual regulation assigning exclusive ownership to a single owner, the light well belongs to all owners. The presumption of joint ownership under Article 1117 applies, which lists courtyards and spaces intended for common use among the condominium parts. The presumption can be overcome only by a title reserving the asset to one owner, not by mere factual circumstances such as the proximity or window of a single unit.

Who pays the costs: even those without a window on it

An established principle, reaffirmed by the Court of Cassation, holds that all owners contribute to the preservation costs of the light well, regardless of whether they have a window on it or make actual use of it. When the work concerns the perimeter structure, meaning the walls that bound the light well, it does not matter who sees or uses the space: the cost is divided among all according to the general thousandths table. The differentiated-use criterion of Article 1123, second and third paragraphs, does not apply to structural elements common to the building.

• The light well is presumed common to all owners, unless a title provides otherwise.
• Costs on the perimeter walls bounding it fall on all, even on those without a window on it.
• The allocation is made using the general thousandths table of ownership.
• Only a deed or contractual regulation can reserve the asset to a single owner or limit contribution.

Use of the light well and the limits of Article 1102

Each owner may use the light well within the limits of Article 1102 of the Italian Civil Code, meaning without altering its use and without preventing others from making equal use of it. It is not permitted to occupy the space with structures that reduce the ventilation and lighting of the other rooms, nor to turn it into a storage space or an extension of an apartment. Interventions such as opening new windows or laying ducts must be assessed case by case, because they must not compromise the air-and-light function for common benefit.

Nuisances and decorum in the light well

Being an enclosed space of limited size, the light well is particularly exposed to the problem of nuisances: noise, smells, air discharge from appliances. The limits of normal tolerability under Article 844 of the Italian Civil Code and any provisions of the condominium regulation apply. Architectural decorum must also be respected: disorderly installations of pipes, cables or outdoor air-conditioning units can be challenged if they harm the appearance or function of the common space.

The manager's task

The condominium manager must safeguard the light well as a common part, look after its maintenance and set the allocation according to the general thousandths, without giving in to the temptation to charge costs only to the owners with a window on it. They must also monitor improper uses and, when needed, bring preservation works to the meeting with the legal majorities. Documenting the common nature of the asset, with floor plans and minutes, protects against disputes over the allocation.

To correctly manage common parts such as light wells and courtyards, apply the general thousandths and archive floor plans and inspections, orderly and transparent management software is useful. With AmministraPro you can keep the register of common parts, set allocation criteria and store technical documentation in a single archive: the features are described on the /funzioni page and the plans on the /prezzi page.