Distances Between Buildings: Condominium and Neighbour

Constructions between the condominium and the neighbouring building must respect a minimum distance. Article 873 of the Italian Civil Code provides that constructions on adjoining land, if they are not joined or in contact, must keep a distance of no less than three metres. Local building regulations may set greater distances, never smaller. The rule serves to avoid harmful gaps, guarantee air and light and reduce risks for adjoining properties. It applies to new constructions, additional storeys and extensions of the condominium building.

The three-metre rule

Article 873 sets the general principle: between two constructions on adjoining land, that are not joined or in contact, there must be at least three metres. The distance is measured linearly between the facing walls. The rule protects a public as well as a private interest, because it aims to prevent the formation of narrow, unhealthy and dangerous gaps between buildings.

For the condominium the issue arises above all when planning works that increase the volume or height of the building toward the neighbour's land. An additional storey, a new external stairwell, an extension must respect the legal distance from the adjoining constructions, not only from the boundary.

The role of local regulations

Article 873 expressly refers to municipal building regulations, which may set distances above three metres or distances from the boundary, often equal to half the distance between buildings. Before any intervention it is therefore essential to check the municipality's planning instrument, because local prescriptions supplement and sometimes exceed the rule of the Civil Code. The distance rules set in master plans have a nature supplementary to the Code.

• Minimum distance between constructions of three metres under the Civil Code
• Possible greater distances imposed by municipal building regulations
• Distances from the boundary often equal to half the distance between buildings
• Advance check of the planning instrument before designing

Joined or attached constructions

The three-metre distance does not apply when the constructions are joined or attached, that is, when the walls meet without a gap. In these cases the rules on the boundary wall and on forced co-ownership come into play. Construction in contact, allowed by Article 877 of the Italian Civil Code under certain conditions, makes it possible to build against the neighbour's wall without leaving the intermediate space, thus avoiding the gap the rule seeks to prevent.

The prevention criterion

When the local regulation does not impose a fixed distance from the boundary but only between constructions, the prevention criterion applies: whoever builds first may build on the boundary or at a certain distance, and whoever builds later must adapt, respecting the full legal distance from the already existing building. The first builder, in essence, conditions the neighbour's choices. The criterion does not operate where the regulation sets an absolute minimum distance from the boundary, which everyone must respect regardless of the order of construction.

The consequences of a violation

Whoever builds at a distance shorter than the legal one exposes the condominium to serious consequences. The neighbour can request restoration, that is, the demolition or setback of the part of the construction that violates the distance, in addition to compensation for damage. This is a real remedy, striking the construction itself and not limited to an indemnity, and this is why the advance check of distances is a step never to be neglected.

Owners' meeting decision and documentation

Interventions affecting distances almost always concern the structure or appearance of the building, and therefore common parts, and must be resolved by the owners' meeting with the majorities required by law. The manager carries out the resolution, appoints the technicians and handles relations with the neighbour, but it is essential that the project be checked for distances from the initial stage.

Keeping designs, permits, surveys and communications in an orderly way reduces the risk of disputes and simplifies the defence in case of objections. With management software such as AmministraPro the manager centralises documents, resolutions and deadlines of building procedures, as illustrated on the /funzioni page, with plans described on the /prezzi page.