Repairing the Shared Roof Terrace in an Italian Condominium

The lastrico solare is the flat surface that covers the building and, together with a pitched roof in buildings that have one, forms its covering. When repairing a shared roof terrace in an Italian condominium becomes necessary because of leaks, wear, or a failing waterproofing membrane, the first question the administrator faces is precisely about the nature of the asset: is it shared by all unit owners, or is it reserved for the exclusive use of just one of them. This distinction largely determines the criterion used to split the repair costs.

The roof terrace as a shared part

In the simplest configuration, the roof terrace covers the whole building and no owner has exclusive use of it: nobody accesses it except for maintenance, and its function is the typical one of a roof, namely protecting the entire building from the elements. In this case the terrace is treated as a shared part just like the stairs or the roof, and repair and maintenance costs are split among all owners based on their general property value shares, following the criterion set for the building's shared parts.

The roof terrace reserved for exclusive use

The situation is different when the roof terrace, while remaining a shared part because of its covering function, is assigned for exclusive use to one owner, typically the owner of the top floor unit, who uses it as a private terrace. In this case the Italian Civil Code sets a differentiated cost allocation criterion: the owner with exclusive use contributes a larger share of the repair or reconstruction costs than the other owners, while the remaining share is borne by everyone according to the general value shares, precisely because the terrace continues to serve a covering function for the whole building.

The allocation criterion set by law

The relevant provision of the Civil Code establishes that, when the terrace is reserved for exclusive use, costs are split one third to the owner with exclusive use and the remaining two thirds to all the owners in the building, in proportion to the value of their respective units, unless otherwise agreed or otherwise provided by the condominium bylaws. This criterion balances the benefit the exclusive user derives from having the terrace available with the shared covering function the terrace continues to serve for the entire building.

Distinguishing ordinary repair from reconstruction

The differentiated allocation criterion applies both to simple repair work, such as redoing the waterproofing membrane or replacing damaged elements, and to more radical reconstruction work, when deterioration requires rebuilding the terrace's entire structure. The distinction between ordinary and extraordinary maintenance does not affect the split between exclusive use and shared ownership, which stays the same, but it can matter for the assembly majority required to approve the work.

Water infiltration into the units below

A frequent case involves water infiltration that, because a roof terrace was not repaired in time, damages the apartments on the floors below. In this situation the condominium, in addition to having to carry out the repair according to the allocation criterion described above, may be held liable for the damage caused to individual owners, under the general rules on liability for things in one's custody. It is therefore in everyone's interest, not just the exclusive user's, to act promptly as soon as signs of infiltration appear.

The assembly's role and timing for action

The decision to repair the shared roof terrace belongs to the assembly, which approves the estimate and the related expense with the majority required for maintenance work on shared parts. An unjustified delay in passing the resolution, when signs of deterioration are evident, can expose the condominium to liability for damage that worsens in the meantime. The administrator therefore has a duty to promptly bring the matter to the assembly as soon as reports of infiltration or visible deterioration of the covering are received.

The roof terrace remains a shared part even when reserved for the exclusive use of a single owner: what changes is how the cost is split, not the nature of the asset.

What the condominium bylaws provide

The legal one third and two thirds criterion applies in the absence of a different provision. The condominium bylaws, if approved with the consent of all owners or set out from the outset in the founding deed, can establish a different allocation criterion for expenses relating to the roof terrace. It is therefore good practice, before approving a repair project, to check what the current bylaws provide, because a departure from the legal criterion applied incorrectly can give rise to challenges against the resolution.

• A roof terrace shared by everyone is split according to the general property value shares.
• A terrace reserved for exclusive use follows the one third owner, two thirds all owners criterion.
• Infiltration not repaired in time can create liability for damage to the units below.
• The condominium bylaws can depart from the legal allocation criterion.

Managing the cost split with software

Correctly calculating the split between exclusive use and shared ownership, keeping the relevant value shares distinct, is one of those tasks where a single error easily leads to disputes. AmministraPro lets you configure custom allocation criteria for work such as roof terrace repairs, automatically applying the correct share to each owner and keeping the supporting documentation for the resolution on file. You can see how it works on the features page or compare plans on the pricing page.