Boundary Wall With the Neighbour: Forced Co-ownership

The wall dividing the condominium from the adjoining external property can become common even without the consent of the one who built it. Articles 874 and following of the Italian Civil Code govern forced co-ownership of the boundary wall: the neighbour can make it common by paying half the value of the wall and of the land on which it is built, so as to be able to use it to lean their own construction against it. The rules change depending on whether the wall stands exactly on the boundary or at some distance from it.

Wall on the boundary: forced co-ownership (Art. 874)

When a wall stands exactly on the boundary between two plots, Article 874 of the Italian Civil Code grants the owner of the adjoining plot the right to make it common, in whole or in part, provided they do so for the entire height and full thickness of the wall. Whoever exercises this right must pay half the value of the wall made common, or of the part they wish to co-own, and half the value of the land on which the wall is built.

For the condominium this means two mirror possibilities. On one hand, if the neighbour has built a wall on the boundary, the condominium can acquire co-ownership to lean its own work against it. On the other, a condominium owning a wall on the boundary may be asked by the neighbour for forced co-ownership and must accept it, receiving in exchange the share of value due.

Wall near the boundary (Art. 875)

Article 875 concerns a wall that is not on the boundary but at a distance from it shorter than that prescribed for constructions, so that no other building can be erected between the wall and the boundary. In this case the neighbour can obtain co-ownership of the wall, paying, in addition to the value of the wall, also the value of the land between the wall and the boundary, which is thereby assigned to them. It is a mechanism that allows an otherwise unbuildable space to be used.

• Wall on the boundary: forced co-ownership paying half the wall and half the land (Art. 874)
• Wall near the boundary: co-ownership with purchase of the intermediate land (Art. 875)
• Co-ownership must cover the entire height and thickness of the wall
• Value is calculated at the moment the right is exercised

Building in contact (Art. 877)

Article 877 governs building in contact: the neighbour can build their own edifice against the boundary owner's wall without making it common, provided they do so in contact and do not compromise its stability. It is an alternative to forced co-ownership that avoids the gap and allows building up to the existing wall, subject to respecting the technical rules and not damaging the other's construction.

Use of the common wall

Once made common, the wall is subject to the rules of co-ownership and to the specific rules on walls. Each co-owner can lean constructions against it, insert beams into it and install works on it, within the limits protecting stability and the equal right of the other. Expenses for preserving and rebuilding the common wall are shared among the co-owners in proportion to each one's right, unless the damage or the need arises from the act of one alone.

In a condominium, managing the common wall with the external neighbour requires care, because it interweaves the rules of co-ownership with the condominium ones. Decisions affecting the wall, such as new supports or structural works, involve the owners' meeting when they concern common parts of the building.

How to manage relations and documentation

Disputes over the boundary wall often arise from uncertainty about who built it, where exactly the boundary runs and what value must be paid for co-ownership. Surveys, cadastral plans, deeds of provenance and photographic documentation are decisive tools for preventing and resolving conflicts. Keeping them in order is a task falling on the manager.

With management software such as AmministraPro the manager stores technical documents, agreements with neighbours and owners' meeting resolutions in a structured way, keeping a record of expenses and works on the common wall. The features are described on the /funzioni page, while plans and costs are shown on the /prezzi page.