Unstable Cornice in a Condominium: What the Manager Must Do

When a cornice threatens to detach, the condominium manager must act immediately, without waiting for a resolution of the owners' meeting. The cornice is part of the facade, that is a common asset, and Article 1130 no. 4 of the Italian Civil Code requires the manager to carry out urgent conservative acts on the common parts. In case of imminent danger the manager must cordon off the area below and arrange emergency safety works, then report to the meeting at the first opportunity under Article 1135.

Why the cornice is a common asset

The cornice is the projecting element crowning the top of the building or marking the floor lines. Together with the facade, the main walls and the other elements serving the whole building, it falls among the common parts listed in Article 1117 of the Italian Civil Code, unless a contrary deed assigns it to exclusive ownership. Its function is not only aesthetic but also protective, since it keeps rainwater away from the facade. Being a common asset, its maintenance is the condominium's responsibility and the cost is split among all owners in proportion to their thousandths (millesimi), under Article 1123.

The manager's power to act in an emergency

Faced with a concrete risk of collapse, the manager must not convene the meeting and wait for a decision: the time needed would worsen the hazard. Article 1135, final paragraph, allows the manager to order works of an urgent nature, with the duty to report to the meeting at its first useful session. Urgent works are those which, if postponed, would expose people or property to imminent harm. Cordoning off the area, installing containment nets and appointing a firm for the repair fall fully within this category.

The manager must, however, limit the intervention to what is strictly necessary to remove the danger. Securing the unstable cornice is one thing; resolving to redo the entire facade is another: the latter is extraordinary maintenance and remains within the meeting's competence, to be approved with the majorities required by law.

Liability for things in custody

If a fragment of the cornice falls and injures a passer-by or damages a car, Article 2051 of the Italian Civil Code applies: whoever has custody of a thing is liable for the damage it causes, unless they prove a fortuitous event. The condominium is the custodian of the common assets, so it is liable on a strict basis, regardless of a specific fault. To be released it must prove an unforeseeable, external event that broke the chain of causation.

The manager's personal liability may be added to that of the condominium. If the manager received reports about the deteriorating cornice and failed to arrange the safety works or the cordon, they breach their duties of supervision and preservation: in that case they may answer personally, even under criminal law if the collapse causes injuries.

What to do at the first warning sign

• Immediately isolate and cordon off the area at risk, preventing anyone from passing under the projecting element.
• Without delay appoint a qualified firm for inspection and temporary safety works.
• Document the state of the site and the intervention date with photographs and a technical report.
• Check the coverage of the building insurance policy and open a claim if needed.
• Convene the meeting to resolve on the definitive repair and the related cost.

Prevention: periodic inspections and traceability

Many detachments are foreseeable. Water infiltration, frost and corrosion of the reinforcement bars slowly degrade the concrete until it detaches. Scheduling periodic inspections of the facade and the projecting elements, recording owners' reports and keeping the minutes of interventions allows the manager to prove their diligence and to anticipate the danger before it becomes an emergency.

An orderly management of technical deadlines and reports reduces risk and protects the manager. With AmministraPro you can log inspections, track reports on the common parts and archive the documents of every intervention in one place: see the details of the features on the /funzioni page and the available plans on /prezzi.