Indivisibility of Common Parts: Article 1119

The common parts of the building are not subject to division. Article 1119 of the Italian Civil Code establishes this, allowing division only if it can be done without making use of the asset more inconvenient for each owner and with the consent of all participants in the condominium. The rule stems from the serving function of common assets: courtyard, stairs, roof, walls and systems exist to enable the enjoyment of the units, and dividing them would strip them of this function. Indivisibility is therefore the logical consequence of the common parts' intended purpose.

Why common parts are not divided

Co-ownership of common parts is not an ordinary joint ownership, in which each participant may at any time seek dissolution. It is a functional and necessary co-ownership: the common assets serve the exclusively owned units and are instrumental to their use. The roof protects all the apartments below, the stairs give access to the floors, the perimeter walls support the building. If these assets were divided and assigned in portions to individuals, they would lose the ability to perform the function for which they exist. That is why Article 1119 sets indivisibility as the rule and allows division only wholly exceptionally.

The sole exception: possible division and unanimous consent

Division is permitted only when two conditions concur. The first is objective: the division must be feasible without making use of the asset more inconvenient for each owner, that is without prejudicing the serving function. The second is subjective: the consent of all participants in the condominium is required. Both must exist. If either is missing, division is not admissible. These are rare cases, concerning assets whose subdivision compromises the utility for no one, and in any case subject to the unanimous agreement of all owners.

Indivisibility and proportional co-ownership

Indivisibility connects to the principle of Article 1118: each owner's right over the common parts is proportional to the value of their unit and is inseparable from apartment ownership. This means the share in the common parts has no independent life: it transfers together with the unit, cannot be sold separately, cannot be waived. Whoever sells the apartment automatically transfers the corresponding co-ownership share in the common parts. The share is not an asset in itself but a structural attribute of exclusive ownership.

Practical consequences for management

Some operating rules follow from indivisibility that the manager must know.

• No owner may demand exclusive ownership of a physical portion of a common asset without unanimous consent and compatibility with the asset's function.
• The co-ownership share always follows ownership of the unit and is updated in the condominium register when the owner changes.
• De facto exclusive use, however prolonged, does not amount to division and does not confer ownership of the portion.
• Thousandth (millesimi) tables measure the proportional value of the units, they do not fractionate ownership of common assets.
• An agreement assigning exclusive use or ownership of common parts is contractual in nature and requires the proper form and everyone's consent.

Exclusive use does not mean division

A frequent mistake is confusing exclusive use of a common part with its division. The right of exclusive use, where it exists, arises from a title and grants the owner reserved enjoyment of a portion, but it does not change its nature as a common asset or the collective ownership. Division, instead, would split the co-ownership by assigning portions in exclusive ownership. Article 1119 prohibits this second outcome, save for the exceptional conditions seen; exclusive use remains possible when based on a valid title, without touching the indivisibility principle.

The link with the condominium register

Since the share in the common parts follows ownership of the unit, keeping the condominium register provided by Article 1130 up to date is essential. Every transfer of ownership entails the automatic passage of the corresponding co-ownership share, and the manager must record it to apply allocations and notices correctly. An accurate register avoids assigning expenses or voting rights to someone who is no longer the owner and faithfully reflects the building's ownership structure, consistent with the indivisibility of common assets.

With management software such as AmministraPro you can keep the condominium register up to date, manage the thousandth (millesimi) tables and archive the titles governing exclusive uses or agreements on the common parts, with full traceability of ownership changes. Discover the tools on the features page and the plans in the pricing section.