Splitting stairs and lift costs: article 1124 of the Italian Civil Code

Splitting stairs and lift costs under article 1124 of the Italian Civil Code follows a mixed criterion that often surprises anyone expecting a simple thousandth (millesimal) division. The rule takes account both of the value of the properties and of the position of each apartment in the building, because those who live higher up use the stairs and lift more. Understanding how it works avoids disputes at the owners' meeting and makes the split transparent for everyone.

What article 1124 of the Civil Code provides

Article 1124 states that the costs of maintaining and replacing stairs and lifts are split among the owners half by the value of the individual units and half in proportion to the height of each floor above the ground. It is therefore a double criterion: one part follows the millesimal tables of ownership, the other follows the distance of the floor from the ground.

The two halves of the criterion

The half by value

The first half of the cost is divided by the value of the units, that is by the millesimal tables of ownership. This component recognises that stairs and the lift are common assets that add value to the whole building, regardless of the floor a unit is on.

The half by floor height

The second half is divided in proportion to the height of each floor above the ground. In practice, whoever lives on the top floor contributes more than someone on the first floor, because they climb more steps and use the lift for a longer trip. This parameter turns the greater use by the upper floors into figures.

A practical example

Imagine a lift maintenance cost of one thousand euro. Five hundred euro are divided among all units by the millesimal tables of ownership. The other five hundred euro are divided by floor height: the ground floor contributes little or nothing to this part, while the top floor bears the largest share. Adding the two components gives each owner's final share.

The part tied to height needs a table built for the purpose, assigning each floor a coefficient proportional to its distance from the ground. This table differs from the millesimal table of ownership, which also reflects the surface, aspect and use of the units. Confusing the two tables, or using a single one for both halves, is the error that most often makes the split wrong from the outset.

Cellars, attics and rooms without direct use

The rule specifies that, for the contribution to the half split by value, cellars, dead lofts, attics or roof rooms and flat roofs also count as floors, when they are not common property. These spaces therefore take part in the cost, though within the limits set by the value criterion.

Ordinary maintenance versus a brand new installation

Article 1124 concerns the maintenance and replacement of existing stairs and lifts. The case of installing a lift where there was none before is different: it is an improvement, subject to the rules and majorities that apply to improvements, and not to the mixed criterion of article 1124. This distinction should always be kept in mind before setting up the split.

When the criterion can be set aside

The article 1124 criterion applies unless otherwise agreed. Owners may adopt a different split, but this requires the consent of everyone or a contractual clause in the building rules. A simple majority resolution is not enough to overturn the legal criterion, and a split that contradicts the rule without everyone's consent is open to challenge.

• Identify whether the cost is maintenance, replacement or an improvement.
• Divide half the cost by the millesimal tables of ownership.
• Divide the other half by the height of the floors above the ground.
• Check the position of cellars, attics and non-common flat roofs.
• Verify whether the contractual rules contain any derogations.

The most common mistakes

The most frequent error is splitting everything by millesimal tables, ignoring the half tied to floor height: the lower floors then pay more than they should and the upper floors less, inviting disputes. Another mistake is applying article 1124 to the installation of a new lift, which instead follows different rules. A wrong millesimal table also distorts the split from the very first half.

Splitting stairs and lift costs with management software

With management software the mixed criterion of article 1124 is set once: you define the table by value and the table by floor height, and the program automatically calculates the two halves for each unit, including cellars and attics. This removes manual calculations, reduces errors and produces a split that owners can verify immediately.

AmministraPro manages mixed-criterion tables and automatically applies the split of stairs and lift costs required by article 1124, with shares by value and by floor height. You can see how it works on the features page or compare the plans in the pricing section.