Perimeter Walls in a Condominium: Maintenance and Costs

Perimeter walls, that is the load-bearing walls that enclose and support the building, are common parts by express provision of Article 1117 of the Italian Civil Code, unless a deed provides otherwise. Their maintenance, both ordinary and extraordinary, therefore falls on all owners and is split in proportion to their thousandths (millesimi) of ownership under Article 1123. Only a few exceptions, linked to exclusive use or to damage caused by a single owner, shift the cost onto whoever benefited from it or caused it.

Why perimeter walls are common

Article 1117 lists among the common parts the main walls, that is the load-bearing ones performing a structural function, and more generally all parts of the building necessary for common use. The perimeter wall serves a double function: it supports the floors and bounds the building towards the outside, ensuring water-tightness and insulation. Precisely because it serves the whole building, its ownership is presumed common to all owners, regardless of the floor on which each lives.

The presumption of common ownership can be overcome only by a contrary deed, that is a purchase document or a regulation of contractual nature assigning ownership of the wall to a single owner. Absent that, any claim of exclusive ownership must be proven by whoever invokes it.

How the cost is shared

The general rule is that of Article 1123, first paragraph: the costs for preserving the common parts are divided among owners in proportion to the value of each one's property, expressed in thousandths. Redoing the plaster, repairing cracks, waterproofing, painting and structural consolidation of the perimeter wall follow this criterion.

• Structural maintenance and plaster of the perimeter wall: common cost by thousandths of ownership.
• Wall serving the various floors or groups of owners differently: possible application of the differentiated use rule of Article 1123, third paragraph.
• Damage to the wall caused by a single owner: cost borne by that owner for the repair.
• Perimeter wall assigned to exclusive ownership by a deed: maintenance borne by the owner.

Use of the common asset and the owner's works

Each owner may use the common wall under Article 1102, for instance to anchor an awning, an outdoor boiler or a pipe, provided they do not alter its purpose, do not prevent equal use by others and do not impair the stability and decorum of the building. Works carried out by the single owner, however, remain their responsibility for both installation and maintenance, and the owner is liable for any resulting damage to the wall or to third parties.

Cracks, damp and detachments: mind the causes

Cracks in perimeter walls should not be underestimated, because they may signal foundation settlement or structural instability. Before resolving on the works, a technical assessment identifying the cause is advisable, since both the solution and, at times, the allocation of the cost depend on it. If the deterioration stems from failed maintenance of the common parts, the condominium is also liable for any damage caused to the units, under Article 2051 on things in custody.

The manager's role

The manager must monitor the condition of the perimeter walls, gather reports, appoint technicians for checks and submit extraordinary maintenance works to the meeting. For urgent works that cannot be postponed, such as securing an unstable section, the manager can act at once and then report to the meeting, under Article 1135.

Keeping the state of the common parts under control, planning maintenance and correctly splitting the costs is easier with a dedicated tool. With AmministraPro you can log works on structures, apply the thousandths tables and keep the history of interventions: find all the features on /funzioni and the plans on /prezzi.