Article 1125: Sharing Floor and Ceiling Costs

The floor slab dividing two apartments placed one above the other does not belong to the condominium as a whole, but only to the two owners who border it. Article 1125 of the Italian Civil Code resolves how the related costs are shared using a three-level rule: the load-bearing structure of the slab is split equally between the two owners, the upper-floor owner pays for the flooring surface, and the lower-floor owner pays for the plaster, paint and decoration of the ceiling. It is a special rule that prevails over the ordinary sharing by thousandths (millesimi).

What Article 1125 states

The provision establishes that the costs for maintaining and rebuilding ceilings, vaults and floor slabs are borne in equal parts by the owners of the two floors placed one above the other. However, the covering of the flooring remains the sole responsibility of the upper-floor owner, while the plaster, paint and decoration of the ceiling fall solely on the lower-floor owner. The lawmaker starts from a construction fact: the slab has a dual function, because it is at the same time the floor of the person above and the ceiling of the person below, and serves both to an equivalent degree.

For this reason the actual structure, meaning beams, joists, the concrete deck and its pour, is considered to be of common benefit and the cost is split in half. The finishes, on the other hand, serve only the room they cover and remain the responsibility of the person who enjoys them.

Structure, flooring and ceiling: who pays for what

• Load-bearing structure of the slab (deck, beams, joists, structural screed): cost split 50% between upper and lower owner.
• Flooring surface (tiles, parquet, laying substrate, skirting): borne solely by the upper-floor owner.
• Plaster, paint, false ceiling and ceiling decoration: borne solely by the lower-floor owner.
• Utility elements crossing the slab but serving a single apartment: follow the ownership of the system, not Article 1125.

Ordinary and extraordinary maintenance

The Article 1125 criterion does not distinguish between light and heavy work: it applies both to ordinary maintenance and to the extraordinary rebuilding of the slab. If the slab must be reinforced or rebuilt because of wear, age or a collapse attributable to no one, the cost of the structural part is split equally between the two neighbouring owners, while each bears the restoration of their own finish. The rationale is consistent: the more costly the work on the structure, the fairer the 50-50 division between the two parties who make use of that structure.

When the cost is not split in half: culpable damage

Equal sharing applies only when the need for the work cannot be charged to one of the two owners. If instead the slab was damaged through the fault of one of them, for example because of a leak caused by a neglected system or by badly executed works in the upper apartment, Article 1125 does not apply but the general principle that whoever causes the damage compensates for it. In that case the entire cost of repair falls on the party who caused the fault, and it is no longer a shareable condominium expense but compensation.

This is a distinction the condominium manager must handle carefully: before approving a cost allocation, it is necessary to establish whether the cause of the deterioration is objective, and therefore common, or attributable to conduct, and therefore personal.

Slab facing common-use spaces

Article 1125 governs slabs between two stacked private properties. If instead the slab separates an apartment from a commonly owned space, for example a condominium attic, a technical room or a portico, the rule changes: the common part contributes to the cost through the general sharing by thousandths, because at that point one of the two sides of the slab serves all the owners. The correct reading always starts from identifying what lies above and below the slab, never from automatic assumptions.

The role of the meeting and the manager

When work on the slab is extraordinary maintenance, the cost must be approved by the owners' meeting with the majorities set out in Article 1136 of the Italian Civil Code and, where necessary, with the creation of the special fund required by Article 1135. The condominium manager prepares the allocation by applying Article 1125 only to the two owners involved, keeping the finishes distinct from the structure. It is useful to attach to the estimate a breakdown of the items, so that each owner clearly sees the 50% structural share and their own share of the finish.

Managing these special allocations correctly, distinct from ordinary thousandths, is easier with management software that lets you apply customised cost criteria for each individual item. With AmministraPro you can set up tables and allocation criteria dedicated to slab costs and Article 1125 cases, with automatic calculation and a transparent statement: the features are described on the /funzioni page, while the plans and costs are available on the /prezzi page.