Damage From Misuse of Private Property: Article 1122

Article 1122 of the Italian Civil Code establishes that in an exclusively owned unit, or in parts of individual use, the owner may not carry out works that damage the common parts or impair their stability, safety or architectural decorum. Private property is free, but this freedom meets the limit of harm to others and to the building. Whoever exceeds that limit answers for the damage and may be required to restore things to their original state.

What Article 1122 forbids

The rule does not prevent renovating or altering one's own apartment, but forbids works that rebound negatively on the rest of the building. The prohibition concerns three distinct aspects: the stability and safety of the construction, the architectural decorum and the integrity of the common parts. A work lawful in itself becomes unlawful when it produces one of these effects.

• Demolishing or weakening a load-bearing wall that serves the building's stability
• Overloading a common slab beyond its capacity
• Altering the facade or elements affecting the architectural decorum
• Tampering with drain risers, flues or common systems
• Carrying out works that cause leaks or dampness to the neighbor

Who answers for the damage

Whoever carries out or commissions the harmful work answers for it personally. If the damage affects another owner, that owner can seek compensation and removal of the work. If the damage concerns the common parts, the condominium acts through the manager. Liability lies with the owner who carried out the work, regardless of the fact that it was performed by a contractor, save any recourse against the contractor itself.

When the unit is rented and the works were carried out by the tenant, the injured party can still act against the owner, who remains the holder of the property and answers for unauthorized or non-compliant works carried out in their unit, save recourse against the tenant.

The manager's role

The manager, among the attributions set by Article 1130 of the Italian Civil Code, must carry out the conservative acts relating to the common parts. If they become aware of a work that damages the common parts or threatens their stability, they must intervene without waiting for the meeting, formally warning the owner to suspend the works and, if necessary, acting for restoration to the original state.

Prompt intervention is important because a structural damage that worsens becomes costlier to repair and can endanger everyone's safety. A written warning to the owner, with a precise description of the disputed work, is the first formal step.

Works and notice obligations

Article 1122 also provides that the owner give the manager prior notice of the works they intend to carry out in the parts of exclusive property or use, when they affect the common parts. This notice lets the manager check in advance whether the work respects the legal limits and prevent damage before it occurs.

How to react when the damage has already occurred

If the damage has already occurred, the sequence is the same as for other condominium wrongs: technical assessment of the cause, quantification, written request to the liable party and, absent agreement, action for compensation and restoration. Proof of the abusive work and of its link to the damage remains the decisive element.

• Document the disputed work with photos, floor plans and an expert report
• Warn the liable owner in writing
• Quantify the cost of restoring the common parts
• Bring any legal action by the condominium to the meeting
• Assess insurance cover and any recourse

Preventing damage with orderly data and communications

Preventing damage from misuse of private property means handling the owners' prior notices well and keeping the history of works on each unit. With AmministraPro the manager receives and stores work reports, tracks warnings and links each case to the unit concerned, reducing the risk of disputes. The features are described on the /funzioni page and the plans on the /prezzi page.