Property Complex: When Article 1117 bis Applies

Not every complex of several buildings is a super-condominium. The difference depends on one precise requirement: the presence of parts or services common to several buildings. Article 1117 bis of the Italian Civil Code, introduced by the 2012 reform, provides that condominium rules apply, where compatible, to all cases in which several units or buildings, or several condominiums of units or buildings, have common parts under Article 1117.

The requirement of shared common parts

The core of the rule is co-ownership. For condominium rules to apply to a complex, several buildings must share common assets: a driveway, a system, an area, a service. Without this co-ownership there is no super-condominium, even where many nearby buildings exist and the complex looks unified.

A super-condominium arises in fact, with no need for a formal deed of establishment, the moment the assets common to several buildings come into use. Classification therefore depends on the reality of the assets and their purpose, not on a label chosen on paper.

What "where compatible" means

Article 1117 bis does not mechanically transplant all condominium rules: it extends them where compatible with the structure of the complex. Some rules apply in full, such as the sharing criteria of Article 1123; others adapt, such as the meeting rules, which in large complexes combine with the designation of representatives under Article 67 of the implementing provisions.

The compatibility test exists precisely to tune the application of the rules to the size and complexity of the specific case, without forcing.

Complex with common assets versus autonomous assets

The most important practical distinction is between two very different situations. In a complex with parts common to several buildings, Article 1117 bis applies and a super-condominium arises. In a complex where each building has fully autonomous assets and nothing is shared, there is no super-condominium: there are several separate condominiums, each with its own management, perhaps linked only by town-planning appearance or a commercial name.

• Several buildings with a driveway, systems or common areas: Article 1117 bis applies, it is a super-condominium.
• Several fully autonomous buildings with nothing shared: no super-condominium.
• Buildings with some assets shared only among some: co-ownership limited to those buildings.
• A single building with internal common parts: an ordinary condominium, not a super-condominium.

Why classification is decisive

How the complex is classified determines the applicable rules, the way the meeting is called, the criteria for sharing expenses and even whether a complex manager exists. Treating a set of autonomous buildings as a super-condominium, or conversely ignoring genuinely common parts, leads to easily challengeable resolutions and allocations. Correct classification is therefore the first task, not a formal detail.

How to check in practice

To see whether a complex falls under Article 1117 bis, reconstruct the ownership and purpose of the assets: which roads, systems or areas serve several buildings, who co-owns them, how they were designed and how they are actually used. Purchase deeds, system drawings and rulebooks help distinguish what is common to the whole complex from what is internal to a single building.

The management consequences

If the complex is a super-condominium, unified management of the assets common to several buildings is needed, with a dedicated meeting, manager, tables and accounts, separate from those of the individual buildings. If instead the assets are autonomous, each building stays a condominium on its own and there is no overarching management. Clarity on this point avoids duplication and disputes.

Managing a property complex with software

Management software for complex structures lets you represent the complex correctly, linking each building to its own management and reserving to the super-condominium only the genuinely common assets. AmministraPro manages condominiums and super-condominiums with several buildings and multiple tables and produces separate statements, so the legal classification is reflected tidily in the accounts. You can see how it works on the features page or compare the plans in the pricing section.