Wells, Cisterns and Water Tanks: Common Parts of a Condominium

Wells, cisterns, tanks and water systems intended for the common supply of the building fall among the common parts indicated by Article 1117 of the Italian Civil Code. They are works and installations intended for the use and enjoyment of all owners, and are therefore presumed to be common property save for a contrary title. Their maintenance, cleaning and upgrading works fall on the community, with costs shared on the basis of thousandths (millesimi) or usage.

Why wells and cisterns are common

Article 1117 expressly lists, among the common installations, the works intended for water supply. A well feeding the condominium or a cistern storing water for distribution serves the whole building and contributes to the enjoyment of the units. Their function instrumental to the collective service triggers the presumption of common ownership, regardless of the physical position of the item, which is often located in the courtyard, in a technical room or in the common subsoil.

The same logic covers pressure sets and pumping units that push water to the upper floors: they are installations serving the community, and as such common by presumption.

When a well is exclusive property

The presumption is rebuttable and may be overcome by a title reserving the well or cistern to a single unit. It may happen, for example, that a well pre-existing the construction of the condominium was attributed in exclusive ownership by the purchase deed or the contractual regulation. In such cases the item leaves condominium management and the costs remain with the owner. In the absence of such a title, however, the asset stays common and a mere cadastral record is not enough to prove exclusivity.

Maintenance and health safety

Cisterns and tanks storing water require periodic maintenance to prevent water from stagnating and degrading. Cleaning and disinfection of tanks, replacement of worn parts and sealing checks are ordinary works at the condominium's expense. When the water is intended for human consumption, the operator of the internal system is responsible for its suitability: in water systems downstream of the meter, the condominium is responsible for water quality up to the delivery points.

• Periodic cleaning and disinfection of cisterns and tanks for drinking water
• Sealing checks and replacement of worn gaskets and valves
• Maintenance of the pressure set and verification of pressure devices
• Prevention of legionella risk in water systems with storage, according to health guidelines

Legionella risk deserves specific attention: in systems with storage tanks, water at intermediate temperatures can favor the proliferation of the bacterium. The condominium, as operator of the internal system, should adopt the prevention measures set out in the guidelines, such as temperature control and tank maintenance.

Allocation of water costs

The maintenance costs of wells, cisterns and supply systems are shared on the basis of thousandths, under Article 1123, first paragraph, of the Civil Code. If, however, the system serves owners to different extents, for example because some units do not use it, the usage criterion under the second paragraph applies. Actual water consumption, when measured by individual meters, is instead charged on the basis of readings, distinguishing the fixed share of the system from the variable share of consumption.

Meeting decisions

Ordinary maintenance works on wells and cisterns fall among the administrator's duties, who provides for them by disbursing the necessary costs. Extraordinary works, such as replacing a cistern or rebuilding the pressurization system, must be resolved by the meeting with the legal majorities. In case of a fault compromising the water supply, the administrator may order urgent works and report to the first meeting.

Scheduling periodic cleanings, keeping maintenance minutes and correctly allocating water costs is easier with dedicated software. AmministraPro lets you plan the maintenance deadlines of common systems, archive documents and charge costs to the correct tables. The features are described on the /funzioni page and the plans, with transparent costs, on the /prezzi page.