Works on individually owned parts: article 1122

Works on the private parts of a condominium under article 1122 of the Italian Civil Code are the works that an individual owner carries out in their own unit or in the parts belonging exclusively to them. The rule starts from a simple principle: within your own property you are free to act, but that freedom meets a limit when the works affect the building as a whole. Understanding where the individual's right ends and the protection of the condominium begins is essential to avoid disputes and demands to restore the previous state.

What article 1122 of the Civil Code says

Article 1122 states that in the unit owned by the owner, or in common parts intended for individual use, the owner may not carry out works that cause damage to common parts or that harm the stability, safety or architectural decor of the building. In any case, prior notice must be given to the administrator, who reports to the owners' meeting.

The rule is therefore built on two levels. The first sets the substantive limits on the individual's building activity: what may not be done. The second introduces a procedural duty: to inform the administrator before acting. These are two distinct aspects and both must be respected.

The ban on damaging common parts

The first limit concerns damage to common parts. The owner may not carry out works in their own unit that compromise load-bearing walls, pillars, floor slabs, condominium systems or any other element in common use. It does not matter that the work takes place inside the home: if the consequences fall on the shared structures, the work is prohibited.

Stability and safety of the building

The second limit is the most delicate: the stability and safety of the building. Works that weaken the structure, such as opening cavities in a main wall or removing load-bearing elements, are prohibited because they put the whole building at risk and not just the apartment of the person carrying them out. Here the harm need not necessarily already exist: it is enough that the work involves a concrete risk.

Architectural decor

The third limit is architectural decor, that is the overall look of the building, the lines and features that give it a unified appearance. The owner may not alter it with works visible from outside that clash with the overall aspect, such as enclosing balconies, changing facades or interventions that break the harmony of the elevations.

The assessment of harm to decor is always concrete and must be measured against the building's characteristics. A tolerable intervention on a building of little value may be harmful on one of recognised architectural worth.

The duty to notify the administrator

Beyond the substantive limits, article 1122 requires the owner to give the administrator prior notice of the works they intend to carry out. It is a procedural duty that allows the administrator, and through them the meeting, to check that the works do not harm the common parts or the decor. Notice must be given before starting, not once the works are finished.

Having received the notice, the administrator reports to the meeting. This does not mean the owner must obtain an authorisation: if the work respects the limits, the owner may carry it out. The notice ensures transparency and allows the condominium to act promptly if it detects a breach.

What happens in case of breach

If the owner carries out works in breach of article 1122, the condominium may act to obtain restoration of the previous state and, where the conditions are met, compensation for the damage. Failure to give prior notice does not, on its own, automatically make the work unlawful, but it deprives the condominium of the chance to prevent the problem and may weigh in court. For this reason it is always advisable to inform the administrator in writing before starting any significant work.

Keeping track of notices with software

Management software helps the administrator collect and store owners' notices about private works, with firm dates and attached documentation, so as to report to the meeting and reconstruct the history of each intervention in case of dispute. Every prior notice stays linked to the unit and to the owner who sent it.

AmministraPro keeps communications between administrator and owners in order, with a document archive by unit and meeting minutes always retrievable. You can see how it works on the features page or compare the plans in the pricing section.