List of Common Areas in an Italian Condominio Under Article 1117

The list of common areas of an Italian condominio set out in Article 1117 of the Civil Code is one of the most consulted provisions by property managers and unit owners, because it establishes which assets are treated as common property even when no title deed says so explicitly. It is not a closed and exhaustive list, but a presumption that can be rebutted by the title deed or by a contractual condominio bylaw. Understanding how this presumption works helps avoid disputes over cost allocation and the use of shared spaces.

The purpose of Article 1117 in the list of common areas

Article 1117 was designed to solve a practical problem: in a building split into multiple units, many assets serve the use or enjoyment of every owner, but the purchase deeds do not always specify who holds title to them. The provision states that, unless the deed provides otherwise, these assets belong jointly to all the owners of the individual units, in proportion to each owner's millesimal share. It is a rebuttable presumption, meaning it allows proof to the contrary, but it applies automatically whenever a deed says nothing different.

Which assets fall under the list of common areas

The statutory list includes, among others, the land on which the building stands, the foundations, the load-bearing walls, pillars and beams, roofs and flat roof terraces used in common, staircases, entrance doors, lobbies, entryways, porticoes and courtyards. It also covers works, installations and fixtures serving common use, such as elevators, wells, cisterns, water and sewage systems, electrical systems, heating and air conditioning systems, television reception equipment and internet access infrastructure, up to the point where each system branches off into the units held in exclusive ownership.

• Land, foundations, load-bearing walls, pillars and beams.
• Roofs and flat roof terraces used in common.
• Staircases, entrance doors, lobbies, entryways, porticoes and courtyards.
• Elevators, wells, cisterns, and water, sewage, electrical, and heating systems.
• Parking areas and rooms for shared services, such as the concierge lodge.

The presumption of joint ownership and proof to the contrary

The presumption set out in Article 1117 applies unless the title deed indicates otherwise. The title deed, in this context, is the document that originated the separate ownership of the units, typically the first deed splitting the building into individual properties, or the subsequent purchase deeds when they contain specific clauses. If the deed assigns an asset that would in principle fall under the common areas to the exclusive ownership of one owner or a third party, the presumption is rebutted and the deed prevails. For this reason, whenever there is doubt about the nature of an asset, the first step is always to check the purchase deeds of the individual units and the founding document of the condominio.

The contractual condominio bylaw

A contractual condominio bylaw, meaning one drafted by the original sole owner or developer and accepted by every buyer in their respective deeds, can also depart from the statutory presumption, assigning exclusive ownership of an asset that would otherwise be common, or conversely designating for common use an asset that would otherwise be exclusively owned. An assembly bylaw, approved by majority vote after the condominio is established, does not have this power to alter ownership: it can regulate how common assets are used, but it cannot affect ownership rights without the consent of every owner concerned.

Assets excluded from the list of common areas

Not every asset in the building falls under the presumption of joint ownership. Interior walls within individual units, fixtures and interior finishes, balconies that project outward remain exclusively owned in the part that does not serve an aesthetic function for the facade, and garages or parking spots remain exclusively owned when purchased as autonomous units with their own cadastral subunit. Attics and storage rooms can also be exclusively owned if the deed says so, while they remain common when they provide access to shared systems or when the deed does not specify their purpose.

Practical consequences for condominio management

Correctly classifying an asset as common or exclusive has direct consequences for how maintenance costs are allocated and who has standing to decide on related works. Costs for preserving common areas are borne by all owners in proportion to their millesimal shares, unless different criteria apply under the bylaw or the law for assets that serve individual units to different degrees, as with staircases or elevators. A classification error can lead to challenges against cost allocation resolutions or disputes over the legitimacy of works decided by the assembly on an asset that is actually exclusively owned.

The presumption of joint ownership under Article 1117 applies residually: it always yields to what the title deed or the contractual bylaw establishes.

How to verify the nature of assets in practice

In day to day management, a property manager who has doubts about whether an asset is common or exclusively owned should check the founding document of the condominio, the purchase deeds of the units involved, and the cadastral floor plans, before bringing the matter to the assembly or allocating a cost. When disagreement between owners persists, the classification of an asset can be settled in court, but in most cases a careful reading of the original documents is enough to resolve the doubt without litigation.

Keeping an orderly archive of deeds, bylaws and floor plans is therefore useful not only for transparency toward the owners, but also to prevent disputes over the nature of an asset. AmministraPro lets you store and consult this documentation digitally alongside financial statements and assembly resolutions, making it easier to verify ownership whenever doubts arise about a common area. You can see how it works on the features page or compare the available plans on the pricing page.