Installing a satellite dish in a condominium

Installing a satellite dish in a condominium touches a sensitive point: on one side the individual's right to receive information freely, on the other the protection of the shared building and its appearance. The law recognises the so-called right to an antenna, but balances it against respect for the common parts and the architectural appearance. Understanding where the line runs helps owners and administrators avoid disputes.

The right to an antenna

The right to an antenna is the individual owner's right to install their own reception system, including satellite, as an expression of the freedom of information protected by the Constitution. Case law has long recognised that, as a rule, placing a dish serving one's own unit does not require the meeting's authorisation, provided the installation respects the limits set by law. The individual's right is therefore not absolute, but must be coordinated with that of the other owners.

Article 1122 bis of the Civil Code

Article 1122 bis, introduced by the condominium reform, governs non-centralised systems for radio and television reception and for access to information flows, including via satellite or cable. The rule states that such installations must be carried out so as to cause the least possible harm to the common parts and to the individually owned units, while safeguarding the architectural appearance, the stability and the safety of the building.

The limit of architectural appearance

Architectural appearance is the limit most often invoked in disputes over dishes. Even when the right to install exists, the system must be positioned so as not to alter the overall look of the building. In practice, less visible locations from the street, such as roofs or internal sides, are preferred over main facades. If the installation appreciably harms the architectural appearance, the condominium may request its removal or relocation.

How to install the satellite dish correctly

To reduce the risk of disputes it is worth following some practical precautions when placing the system.

• Choose the least visible and least intrusive position among those that are technically suitable.
• Avoid damaging membranes, waterproofing and finishes of the common parts.
• Do not compromise the building's stability and safety with improper fixings.
• Respect any provisions of a contractual condominium regulation.
• As a courtesy, inform the administrator before proceeding, especially when working on the roof.

When a meeting resolution is needed

The rule changes when moving from an individual system to a centralised one. Creating a centralised reception system that serves the whole building is an innovation that the meeting may resolve with the incentivised majorities set by article 1120. In that case the decision is collective and the cost is shared among the owners. A contractual condominium regulation may also set specific limits on the installation of individual dishes, and in that case it must be respected.

The meeting's power to set the arrangements

Article 1122 bis gives the meeting a coordinating power. When the installation requires the use or modification of the common parts, the meeting may prescribe, with the qualified majority of article 1136, suitable alternative ways of carrying out the work or impose precautions to safeguard the stability, safety and architectural appearance of the building. It may also make the installation conditional on the provision of a guarantee for any damage. This power does not serve to deny the individual's right, but to channel it: the meeting cannot impose an absolute ban on an individual dish, yet it may indicate where and how to place it to reduce its impact on the common property.

Liability for damage

Whoever installs the dish is liable for any damage caused to the common parts and to the units of other owners, for example water infiltration due to fixing on the roof or detachments caused by an installation not done to professional standards. It is therefore in the owner's own interest to rely on a qualified installer and to document the state of the premises before and after the work. In the event of damage, liability remains with the person who carried out or commissioned the installation, not with the condominium as a whole.

The condominium administrator's role

The administrator oversees the correct use of the common parts and respect for the architectural appearance. Faced with an installation that exceeds the legal limits, they may act on behalf of the condominium, after any resolution, requesting the removal or relocation of the system. It is useful to keep track of owners' requests, existing installations and any regulation provisions, so as to handle similar situations consistently.

Managing requests and the regulation with software

With management software, owners' requests relating to the common parts are recorded and kept together with the condominium regulation and the meeting resolutions. This makes it easy to reconstruct which installations were authorised, which limits the regulation sets and which communications were sent, keeping an orderly record of decisions.

AmministraPro gathers owners' requests, the condominium regulation and the meeting minutes in a single searchable archive, useful also for managing installations on the common parts. You can see how it works on the features page or compare the plans in the pricing section.