Condominium electrical panel: who pays to replace it

The electrical panel powering the common areas, that is stair lights, lift, pumps, gate and intercom, is a common system: replacing it or bringing it up to standard is a condominium expense split among all owners, as a rule by thousandths (millesimi) under Article 1123 of the Italian Civil Code. As it is extraordinary maintenance, the cost falls on the owners and not on the tenants. The electrical panel inside a single unit is different, being private. Let us see how to decide who pays.

The common electrical system is common property

Article 1117 of the Italian Civil Code includes among common property the systems intended for common use and service up to the branching point towards the individual units. The condominium electrical panel, which protects and distributes power for the building's common services, belongs to this category. Its maintenance, repair, replacement and upgrading are therefore borne by the condominium community.

The boundary is the delivery point towards the unit: from there onwards the electrical system inside the flat, including the unit's panel, is the exclusive property of the owner and its maintenance falls on them alone.

Replacement and upgrade to standards

Replacing the common electrical panel due to age, fault or upgrading to the technical safety standards for systems is extraordinary maintenance. An upgrade imposed by new technical rules, such as installing updated protection devices, is also of this nature. Classification as extraordinary affects both the majorities required and the split between owner and tenant.

How it is split among owners

The general criterion is Article 1123, first paragraph, of the Italian Civil Code, that is allocation by thousandths of ownership, because the common electrical system serves the whole building. However, the exceptions linked to use must be considered:

• if the panel serves all units uniformly, allocation is by general thousandths;
• if part of the system serves only some units, for example a group of garages or a single stair body, Article 1123, third paragraph, applies, with allocation only among those served;
• dedicated condominium utilities, such as the lift, follow the criteria of their respective table, for example Article 1124.

The meeting must state in the minutes the criterion applied, especially when the system powers services with different tables.

Who pays: owner or tenant

Replacing and upgrading the common electrical panel are extraordinary works and remain with the owner. The tenant is responsible only for use and minor ordinary maintenance costs, such as replacing a bulb or restoring a small worn component. Towards the condominium the party liable for the share is always the owner, under Article 63 of the implementing provisions, who then settles internal matters with the tenant according to the contract.

Safety and the manager's responsibility

Keeping the common systems safe is among the tasks of preserving common property entrusted to the manager by Article 1130 of the Italian Civil Code. Faced with a non-compliant or dangerous electrical panel, the manager has a duty to act, calling the meeting to resolve the work and, in urgent cases, ordering the work needed to avoid danger, subject to reporting to the next available meeting under Article 1135. Documenting the need for the work in the minutes protects both the manager and the owners.

Majorities and resolution

Replacement due to wear or a mandatory upgrade is approved with the ordinary majorities set by Article 1136 of the Italian Civil Code for conservative management. If the work adds new functions or enhancements not needed for safety, one may approach innovation, with higher majorities. The resolution should state the quote, the allocation criterion and the extraordinary nature of the expense.

How to manage the work in the accounts

A common system powering services with different tables makes allocation delicate. With AmministraPro the manager sets the correct criterion for each item, classifies the expense as extraordinary and charges it to the owners, generating the shares by thousandths or by dedicated table and the related accounting entry. To learn more about managing tables and common expenses you can review /funzioni and compare the plans on /prezzi.