Common Parts for the Exclusive Use of One Condominium Owner: What It Means

Common parts for the exclusive use of one condominium owner are a recurring feature in Italian condominium practice: these are assets that, while remaining shared property under article 1117 of the Civil Code, are assigned by title or by long established custom to the exclusive use of a single unit, such as a rear courtyard, a terrace or a small garden accessible only from one apartment.

The legal nature of exclusive use on common parts

The starting point is that exclusive use does not turn the common part into individual property. The asset remains owned by all the condominium members according to their respective ownership shares, and the owner who enjoys it exclusively has a broader right of use than the others, but does not become the sole owner of the area. This distinction is fundamental because it affects who decides on works, who bears the costs and who is liable for any damage to third parties.

The 2020 Supreme Court ruling and the classification of the right

The Joint Divisions of the Italian Supreme Court, in a well known 2020 ruling, clarified that the right of exclusive use over a common part must be classified as an atypical minor real right, distinct both from surface ownership and from the ordinary right of use provided for in the Civil Code. It is therefore an intermediate situation, which grants the holder full enjoyment powers while leaving the shared ownership of the asset unchanged among all the condominium members.

This classification has important practical consequences: the right of exclusive use, to be enforceable against third parties and subsequent buyers, must normally result from a written title, often the contractual regulations or the deed of purchase, and its creation or modification requires the consent of all the condominium members concerned, since a simple majority resolution is not enough when it affects individual rights.

How exclusive use of a common part arises

Exclusive use can arise in different ways: through an original provision in the deed establishing the condominium, through a clause in the contractual regulations, through a subsequent agreement among all the owners, or, more rarely, through long continuous possession that may lead to adverse possession if the requirements are met. It is important to distinguish contractual exclusive use, which arises from an agreement, from de facto use tolerated over time, which does not automatically produce the same legal effects and can always be challenged by the other owners.

Maintenance and expenses of common parts under exclusive use

On the expense side, the general rule is that ordinary maintenance linked to the daily enjoyment of the asset, such as cleaning or minor upkeep, tends to fall on the owner who has exclusive use of it, while structural works aimed at preserving the asset, which concern its function as a common part, remain the responsibility of all owners according to their shares, unless the title establishing the exclusive use provides otherwise.

This approach mirrors the logic followed for related figures such as the flat roof terrace under exclusive use, where the split between the person who uses the asset and those who only benefit from its covering function is codified by article 1126, but in the case of common parts under generic exclusive use the distribution depends largely on what is stated in the title, which makes a careful reading of the contractual regulations essential.

Limits on the right of exclusive use

The owner holding the right of exclusive use cannot change the intended purpose of the asset or carry out works that alter its structure without the consent of the other owners, because it remains a shared asset. Nor can that owner prevent the other condominium members from accessing it when necessary for extraordinary maintenance or checks on shared systems that run through it, such as pipes or cables crossing the area under exclusive use.

• Exclusive use does not turn the common part into individual property
• Creating the right generally requires a written title enforceable against third parties
• Ordinary maintenance usually falls on the person who uses the asset
• Structural works remain the responsibility of everyone according to their shares
• Access by other owners for shared maintenance remains guaranteed

The administrator's role in managing these areas

It is important for the condominium administrator to be aware of which common parts are subject to a right of exclusive use, checking the founding titles and recording the situation in the condominium registry, so as to avoid disputes when expenses are allocated or maintenance works are planned. Orderly document management prevents situations tolerated for years from being wrongly interpreted as acquired rights.

Keeping track of titles, resolutions and special allocations such as those linked to exclusive use requires reliable document and accounting management tools. AmministraPro gives administrators features designed precisely to handle these cases with precision, as described on the features page, with plans set out in the pricing section to suit the needs of every practice.