Law 13/1989: Architectural Barriers in Condominiums

Italian Law No. 13 of 9 January 1989 sets out the rules to encourage the removal of architectural barriers in private buildings, condominiums included. Together with the technical regulation Ministerial Decree No. 236 of 14 June 1989, it establishes the requirements of accessibility, adaptability and visitability and simplifies meeting decisions on barrier-removal works. For the condominium manager this means reduced majorities, a clear right for the owner with a disability, and binding technical rules on ramps, lifts and stairlifts.

What architectural barriers are

Ministerial Decree 236/1989 defines an architectural barrier as any physical obstacle that limits people's mobility, in particular those with reduced or impaired motor or sensory capacity, and any element that prevents the comfortable and safe use of spaces and equipment, as well as the lack of signals useful for the orientation of those who cannot see or see poorly. In a condominium, typical barriers are steps at the entrance, lobbies with level changes, the absence of a lift or ramps, missing handrails, and control panels out of reach for a wheelchair user.

The technical regulation distinguishes three levels of quality of the built space: accessibility, meaning the ability to reach and use every part independently; visitability, meaning the ability to access relational spaces; and adaptability, meaning the potential to become accessible with limited works. Common condominium parts must aim at least at visitability and, in new buildings, at accessibility.

Reduced majorities at the owners' meeting

The core of Law 13/1989 for condominiums is the simplification of decisions. Resolutions on improvements aimed at removing architectural barriers are approved with the majority of those present representing at least half the value of the building, that is the majority required by Article 1136, second paragraph, of the Italian Civil Code. After the condominium reform, this rule was incorporated into the second paragraph of Article 1120 of the Italian Civil Code, which expressly lists barrier-removal works among the facilitated improvements.

This is a lower majority than the ordinary one for improvements, because the legislator considers these works to be of social utility and not discretionary luxuries. The meeting therefore cannot treat them as a luxury and arbitrarily raise the required quorum.

The individual owner's right to act

Article 2 of Law 13/1989 protects a person with a disability even in the face of the meeting's inaction or refusal. If the condominium does not resolve within three months of the written request, or votes against, the interested person may carry out at their own expense the works and structures, including mobile ones, needed to overcome the barriers, respecting the limits of Articles 1120 and 1121 of the Italian Civil Code. This is a power arising directly from the law and does not require a new authorisation.

Limits that always apply

Law 13/1989 does not allow any intervention whatsoever. The general prohibitions of Article 1120 of the Italian Civil Code remain: the works cannot make certain common parts unusable for the use or enjoyment of even a single owner, nor compromise the stability or safety of the building, nor seriously alter its architectural decorum.

• No making common parts unusable for even a single owner
• Respect for the stability, safety and fire-prevention rules of the building
• Protection of architectural decorum, to be balanced against the right to accessibility
• Compliance with the technical requirements of Decree 236/1989 on measurements, gradients and devices

Cost allocation

When the work is resolved by the meeting for common benefit, the cost is shared among all owners according to their thousandths (millesimi) of ownership, subject to the specific criteria for lift and stairs set by Article 1124 of the Italian Civil Code. When instead the intervention is carried out by the individual at their own expense under Article 2, the cost remains their own, but the other owners may later ask to share in the use by contributing pro rata, following the principles of Article 1121.

Incentives and documentation

Barrier-removal works benefit from a reduced VAT rate and can access the tax deductions in force for accessibility interventions. It is essential to keep resolutions, projects, building permits, invoices and traceable bank transfers, because documentation is needed both for the incentives and to prove compliance with technical requirements in the event of disputes.

Handling these interventions correctly means keeping resolutions, quorums, allocations and deadlines together. With AmministraPro the manager records decisions with the correct majorities, calculates the millesimi-based allocation of the works and stores documents in an orderly way: the features are described on the /funzioni page and the plans, suitable also for firms managing several condominiums, are on /prezzi.