Legal distances between structures in a condominium

Legal distances in a condominium are the minimum measurements the law requires between a structure and windows, balconies or neighbouring properties. Conceived for relations between adjacent plots, these rules also apply inside a condominium building, but with an important adjustment: they apply only if they are compatible with the particular structure of the building and with the rights of individual owners. Understanding when they kick in and when they yield is essential to avoid disputes between neighbours on the same landing.

What windows and openings are

The Italian Civil Code distinguishes between openings for light and windows offering a view. Light openings let in air and light but do not allow looking out over the neighbour's property. Windows offering a view, on the other hand, allow looking and leaning out comfortably, including at an angle and to the side. A usable balcony, an ordinary window and a terrace are views. The distinction matters because only views trigger the distance obligation for anyone building opposite.

The distances for opening views and balconies

Article 905 of the Civil Code governs direct views and balconies: you cannot open direct views towards the neighbour's property closer than one and a half metres from the boundary line. Article 906 governs side or oblique views, which require a distance of seventy five centimetres. These measurements apply to whoever creates the opening or the balcony.

The distance of structures from views

The mirror case is that of article 907, which concerns anyone wishing to build where the neighbour already has a view. A person who has acquired the right to a view over the adjoining property may object to new structures within three metres, measured from the view itself. A view is exercised not only forwards and downwards, but also upwards: a balcony built on the floor above may therefore interfere with the view of the floor below. The three metres of article 907 are considered non derogable by case law.

When legal distances apply in a condominium

The principle, restated by the Italian Court of Cassation, is that distance rules also apply between units of the same condominium, but not in an absolute way. The judge must check, case by case, whether they are compatible with the structure of the building, the state of the premises and the content of individual owners' rights. In a building, properties are by their nature close together and stacked: rigidly applying measurements designed for adjoining open plots would lead to unreasonable results.

Common parts and individual use

When the work concerns a common part, such as the facade or the courtyard, article 1102 of the Civil Code also comes into play: each owner may use the common property provided they do not alter its use and do not prevent the others from making equal use of it. Distances therefore intertwine with the limits on the use of common property and with the architectural decorum of the building.

The role of the condominium regulations

The condominium regulations may contain clauses that govern openings, additions and facade changes more strictly, to protect decorum. If contractual in nature, these clauses bind all owners and may impose further limits beyond the distances of the Civil Code alone. Before building a balcony or a new opening it is therefore always advisable to check what the current regulations provide.

Additional storeys and new openings

A frequent case is the top floor owner who intends to add a storey, a right recognised by article 1127 of the Civil Code within precise limits. Here too the distances from pre existing views remain a constraint to respect, together with the structural conditions of the building and the protection of architectural decorum. In the same way, anyone opening a new window or turning a light opening into a view must check that the work does not breach distances towards neighbouring properties and does not impair the safety or appearance of the common facade.

Distances and planning rules

Alongside the distances of the Civil Code there are those set by local planning instruments, often stricter. Municipal building regulations may impose minimum distances between buildings and from boundaries that supplement or exceed the civil ones. Before building a balcony, a veranda or an additional storey it is therefore necessary to coordinate the private law rules on distances with the building permits required by the municipality, because complying with one does not exempt you from observing the other.

What to do before starting work

• Check whether the neighbour's existing opening is a view or a mere light opening.
• Measure distances from views and boundaries under articles 905, 906 and 907.
• Review the condominium regulation clauses on decorum and alterations.
• Assess whether the work concerns a common part and the limits of article 1102.
• Document the state of the premises before the works to prevent disputes.

Keeping track of documentation with management software

Many distance disputes arise from the difficulty of reconstructing the state of the premises and the meeting's authorisations. Condominium management software lets you store the regulations, floor plans, resolutions and communications to owners in an orderly way, so the useful documents are immediately at hand when a doubt or a dispute arises.

AmministraPro gathers the regulations, resolutions and correspondence of the condominium in a single digital archive, with a searchable history for each matter. You can see how it works on the features page or compare the plans in the pricing section.