Horizontal Condominio: The Rules for Townhouse and Villa Complexes

Complexes of villas or townhouses sharing private roads or green areas often fall under Italy's horizontal condominio rules. Here is when they apply and how such complexes are managed.

A horizontal condominio of villas is a very common setup on the outskirts of Italian towns and in newly built residential complexes: groups of villas, townhouses or independent units that share private roads, green areas, entrance gates or common systems, even though each unit has its own separate access. Understanding when such complexes fall under the Civil Code's condominio rules matters for organizing management and cost sharing correctly.

When a group of villas becomes a horizontal condominio

Under Article 1117 of the Italian Civil Code, a condominio arises whenever multiple units owned by different people share common parts functional to the use or enjoyment of the exclusively owned units, regardless of whether the buildings are arranged vertically or horizontally. A villa complex with a shared access road, a shared electric gate, or a collectively used green area therefore contains all the elements needed for the condominio rules to apply, even without a single building in the architectural sense.

Typical common parts in a horizontal condominio

Compared with a traditional vertical condominio, a horizontal condominio has common parts of a different nature, often tied to outdoor spaces rather than to a building's structure.

Private roads and driveways leading to the individual units
Shared gates and access control systems
Common green areas, condominium gardens and recreational spaces
Shared utility networks, such as private sewage lines or outdoor lighting systems
Perimeter fences and boundary walls of the complex

Even in the absence of the stairwells, entrance halls or lifts typical of a vertical condominio, the presence of even one of these functional common parts is enough to trigger the application of condominio rules.

The minimum condominio

Many villa complexes fall into the category of a minimum condominio, meaning one made up of a small number of participants, typically fewer than nine under the threshold relevant for certain specific obligations. A minimum condominio remains subject to the Civil Code's general rules, including those on assembly resolutions, but some heavier obligations set for larger condominiums may not apply or may be simplified, while the general principles on common parts, expenses and the assembly still apply in full.

Appointing a property manager

In a horizontal condominio, just as in a vertical one, appointing a property manager becomes mandatory once the number of participants exceeds the threshold set by Article 1129 of the Civil Code. In smaller villa complexes, owners may decide to manage common parts on their own, but the growing complexity of maintaining roads, green areas and systems often leads even minimum condominiums to prefer an external property manager, to ensure continuity and technical competence.

Sharing the expenses

Maintenance expenses for the common parts of a horizontal condominio are shared, as in a vertical one, according to the general ownership shares, unless some common parts serve only a group of units, in which case the criterion in Article 1123, paragraph 3, applies. It is common, for example, for maintenance of a stretch of private road serving only some villas to be split only among the owners concerned, while expenses for the main gate and green areas shared by the whole complex fall on every participant.

Regulation and assembly

A horizontal condominio can, and in many cases must, adopt a regulation governing the use of common spaces, gate opening hours, parking rules in common areas, and the management of green spaces. The assembly is convened and resolves with the same majorities set out in Article 1136 for a vertical condominio, including the rules on innovations and extraordinary works.

Condominio rules do not depend on the shape of the building but on the presence of common parts functional to more than one exclusively owned unit.

The difference from a development with no common parts

Not every group of villas forms a horizontal condominio: if the units have entirely independent access, with no shared area, road or system, condominio rules do not apply, and each owner manages their own property with full autonomy. This distinction should always be verified case by case, by examining the property title and the actual situation of any shared assets.

Managing a horizontal condominio with dedicated software

Managing a horizontal condominio, with common parts spread across several outdoor areas and expenses often split under different criteria between units, requires tools that can accurately track every cost sharing rule. AmministraPro lets property managers configure multiple millesimal tables to correctly handle expenses affecting only a group of villas: the tools built for this kind of management are described on the features page, and the plans available for property managers handling multiple sites are shown on the pricing page.