Fences and pedestrian gates in a condominium: rules

Fences and pedestrian gates that enclose the condominium area are common parts under Article 1117 of the Italian Civil Code and their maintenance falls on the condominium. They serve to define the boundary, ensure safety and control access. Management covers the maintenance of low walls, railings and gates, access control with keys, badges or intercoms, compliance with building rules on fencing and the allocation of costs among owners according to their thousandths (millesimi).

Fences and gates as common parts

The perimeter fence that closes the condominium plot and the pedestrian entrance gate serve the community and fall among the common things. They are therefore subject to the administrator's ordinary maintenance and to meeting resolutions for significant works. The condominium, as custodian under Article 2051 of the Civil Code, is liable for damage caused by a poorly maintained fence or gate: a rusted railing that gives way, a gate that slams shut, a sharp mesh can create liability. Maintenance is therefore first of all safety.

Ordinary and extraordinary maintenance

Ordinary maintenance covers lubricating hinges and locks, anti-rust painting, repairing locks and hinges and fixing loose elements. When the fence is degraded or the gate is old, extraordinary maintenance follows: rebuilding sections of low wall, replacing railings or the gate. A safe pedestrian gate must have no sharp edges, shearing or crushing points, and the lock must allow a quick escape route in an emergency.

• Periodic checks of hinges, locks and ground anchors.
• Anti-rust treatment and painting of metal elements.
• Checking for the absence of sharp edges and entrapment points.
• Maintenance of the automatic closing and of intercoms, where present.
• Prompt replacement of deteriorated or unsafe parts.

Access control: keys, badges and intercoms

The pedestrian gate is often the condominium's access control point. Solutions range from a simple key lock to an electric lock opened from the intercoms, up to badge or code systems. The choice affects both safety and management: distributing and revoking traditional keys is more laborious and less secure than an electronic system that lets you disable a lost badge. If access control processes personal data, for example with recordings or video intercoms, the data protection rules under EU Regulation 2016/679 must be respected, with an appropriate notice and signage.

Building rules and distances

Building or altering fences and gates may be subject to the rules of the municipal building code, which governs heights, materials and distances from the boundary and the road. Near vehicle accesses and junctions there may be requirements for visibility and road safety. Before rebuilding the fence or moving the gate, the administrator must check the building code and any need for permits, avoiding works that expose the condominium to penalties or restoration orders.

Who decides and with what majorities

Ordinary maintenance of fences and gates falls within the administrator's powers under Article 1130 of the Civil Code. Rebuilding the fence, replacing the gate or installing a new access control system are extraordinary expenses and must be resolved by the meeting with the majorities under Article 1136. If the work introduces a new element that improves safety, for example a motorised gate that was not there before, it may qualify as an innovation under Article 1120. The resolution should state the amount, the contractor and the features of the work.

Cost allocation

The maintenance and rebuilding costs of shared fences and gates are shared among the owners according to their thousandths (millesimi) of ownership, under Article 1123 of the Civil Code. If a section of fence or a gate serves only part of the building, for example the access to a single staircase block or a group of units, the cost is charged only to the owners who benefit. Documenting quotations, resolutions and invoices makes the statement transparent and reduces disputes.

With AmministraPro the administrator can schedule the maintenance of fences and gates, archive resolutions and building files and allocate costs among owners in a clear and verifiable way. The features are described on the /funzioni page and the plans on the /prezzi page.