Roof Terrace for Exclusive Use in Italian Condominiums: Who Pays the Costs

The exclusive use rooftop terrace, known in Italian as lastrico solare, and the related expense allocation is one of the most frequent sources of dispute in Italian condominiums, because it combines a factual situation, one unit owner using the space as a private terrace or storage area, with a technical function that concerns everyone: covering the building. Understanding how costs are split in these cases is essential for the property manager, who must correctly apply Article 1126 of the Italian civil code without creating further tension among the owners involved.

What an exclusive use roof terrace is

The lastrico solare is the flat surface covering a building or part of it, replacing the traditional pitched roof. When this space is granted, by deed or by well established practice, for the exclusive use of a single unit owner, for example the top floor owner who uses it as a private terrace, a particular situation arises: the asset remains jointly owned in structural terms, since it serves as roof cover for the whole building, but its enjoyment is reserved to one person only. It is precisely this duality, shared function plus exclusive use, that justifies a cost allocation criterion different from the ordinary one.

The Article 1126 criterion: one third and two thirds

Article 1126 of the Italian civil code provides that when the use of a rooftop terrace or a level terrace is not shared by all unit owners, those who have exclusive use of it must contribute one third of the cost of repairs or reconstruction, while the remaining two thirds are borne by all owners of the building, or the portion of the building, that the terrace covers, in proportion to the value of each owner's floor or portion of floor. The logic is straightforward: whoever has exclusive use of the terrace gains an additional benefit compared to the others, so they pay a higher share, but the covering function still benefits the whole building below, which therefore continues to contribute the larger portion.

Ordinary maintenance versus extraordinary repairs: an important distinction

Not all expenses related to the roof terrace automatically follow the Article 1126 criterion. Italian case law distinguishes between extraordinary repairs, which concern the structure, waterproofing and the roof covering function of the building, for which the one third two thirds split applies, and ordinary maintenance of the space itself, such as cleaning, repainting the flooring or caring for plants and furnishings, which remains entirely the responsibility of the unit owner who has exclusive use, since these costs relate to personal enjoyment of the space rather than its shared structural function.

The case of water infiltration: who is liable for damage

A point that deserves particular attention concerns water infiltration coming from the roof terrace, which often damages the apartments below. In these cases the same repair cost allocation set out in Article 1126 applies, but liability for damage caused to the owners below can differ depending on whether the infiltration stems from a structural defect in the terrace, attributable to the whole condominium according to the allocation shares, or from poor maintenance specifically attributable to the unit owner with exclusive use, for example failure to clean the drainage outlets. When infiltration is reported, the property manager should therefore have the cause of the damage precisely established before allocating the repair costs.

How exclusive use is established

The exclusive use of a roof terrace can derive from a deed, such as the purchase contract for the unit or the contractual condominium regulation, or it can result from a factual situation consolidated over time. It is important for the property manager to always verify the available documentation, because incorrectly classifying a terrace as exclusive when it is actually shared by everyone, or vice versa, leads to an incorrect cost allocation that can potentially be challenged by owners who feel harmed by the resolution.

Whoever has exclusive use of the terrace pays one third of extraordinary repairs, but the covering function remains an interest of the whole building, which bears the remaining two thirds.

Ownership tables and practical allocation

In administrative practice, allocation under Article 1126 often requires a specific ownership table, different from the general one, identifying exactly which units benefit from the coverage provided by the terrace. Not the entire building is always covered by the same terrace: when there are distinct building sections or partial level terraces, only some unit owners are required to contribute the two thirds share. A common mistake is applying the general ownership table for the whole building instead of the specific one referring to the portion of the building actually covered by that particular terrace.

A useful tool for managing these cases

Correctly managing the cost allocation for an exclusive use roof terrace requires careful documentation and the ability to apply differentiated ownership tables without manual errors. Software designed for condominium management makes this work considerably easier, allowing custom allocation criteria to be configured and documentation for every single common asset to be tracked. AmministraPro offers exactly this kind of support, as shown on the features page, while anyone wanting to know the cost of the different plans can check the pricing section of the site.