Splitting the cost of the condominium roof and covering

The roof and coverings of a condominium building are common parts, listed among the assets that Article 1117 of the Italian Civil Code presumes common to all owners. Since the roof protects the whole building from the weather, the general rule is that maintenance and repair expenses are split among everyone by ownership thousandths (millesimi), under Article 1123 paragraph 1. There are, however, situations where the covering serves only part of the building, and then the criterion changes.

The roof as a common part

Article 1117 includes roofs and roof terraces among the common parts, as elements needed for the protection and stability of the building. Unless the title provides otherwise, all owners are co owners of the roof and bear its expenses. The roof's function is general covering: by protecting the whole built volume, its conservation concerns all the units below indistinctly, not only those on the top floor.

The general rule: split by thousandths

When the roof covers the whole building, ordinary and extraordinary maintenance is split among all owners in proportion to ownership thousandths. This item covers redoing the covering, repairing the framework, waterproofing, replacing deteriorated elements, and fixing gutters and downpipes serving the common covering. The top floor owner does not pay more simply because they are physically closest to the roof: the protection belongs to everyone.

Coverings serving part of the building

If the building is made of several blocks with separate coverings, each protecting only a portion, Article 1123 paragraph 3 applies: the expenses of that covering fall only on the owners who benefit, that is those protected by that specific roof slope. A roof covering only the east wing does not concern the owners of the west wing, who have their own covering. In these cases it is best to set up expense groups and tables dedicated to the single blocks.

• Roof covering the whole building: everyone's expense, by ownership thousandths.
• Separate coverings per block: expense of the served group only, Article 1123 paragraph 3.
• Work on common covering elements: always borne by the served community.
• Damage from leaks: liability tied to ownership and custody of the asset.

The case of the roof terrace

The flat roof terrace that acts as a covering has its own rules. When it is under the exclusive use or ownership of one owner, but still performs the covering function for the units below, Article 1126 of the Civil Code sets a special split: one third of the repair or reconstruction expense falls on the person with exclusive use, and the remaining two thirds on the owners of the building or of the covered part, in proportion to thousandths. The rationale is that the terrace serves both those who use it above and those protected below.

Ordinary and extraordinary works

The distinction between ordinary and extraordinary maintenance does not change the allocation criterion for the common covering, but it affects the meeting majorities and the possibility of setting up a special fund for high value works. Extraordinary works on the roof require a resolution with the majorities proper to extraordinary maintenance and, for works of significant amount, the duty to set up the special fund provided by Article 1135 of the Civil Code.

Watch out for leaks

Leaks from the roof or terrace are a frequent source of litigation. You must distinguish covering maintenance expenses, which follow the criteria above, from damage caused to properties by a defect in the conservation of the common asset, which falls under custody liability. Timely maintenance, resolved and allocated correctly, is the best prevention of both damage and disputes between owners.

Assigning roof expenses to the right pool, distinguishing common coverings from those serving part of the building and applying the Article 1126 split to the terrace requires well set up tables and groups. With AmministraPro the administrator assigns each covering intervention to the served group of owners and applies the statutory criterion without manual calculations. The accounting and works management features are described on /funzioni and the plans on /prezzi.