Dissolution and division of the condominium

The dissolution of the condominium is the operation by which a single condominium separates into two or more distinct, autonomous condominiums. It is not a free choice: the law allows it only under precise conditions, because the parts into which the building is divided must be able to function as independent buildings. The matter is governed by articles 61 and 62 of the implementing provisions of the Italian Civil Code, which set out the requirements, the majorities and the judicial alternative.

What dissolving a condominium means

Dissolving a condominium does not mean ending it as an entity, but subdividing it. In place of the original condominium, several separate condominiums arise, each with its own meeting, its own administrator and its own accounts. Each new condominium autonomously manages the common parts assigned to it, while any assets that remain shared continue to be governed by the condominium rules.

When condominium dissolution is possible

The essential requirement, set by art. 61 of the implementing provisions, is divisibility: dissolution is allowed only if the property or properties covered by the condominium can be divided into parts that have the characteristics of autonomous buildings. If the building cannot be structurally split into independent units, dissolution is not permitted. In practice the tool applies above all to supercondominiums and building complexes made up of several buildings.

The requirement of building autonomy

Before proceeding, a technical assessment is almost always needed to verify that each building can operate on its own, with independent accesses, systems and structures. It is the point on which litigation most often concentrates, because divisibility must be established in concrete terms and the owners' wishes alone are not enough.

The majorities for resolving on dissolution

Dissolution is resolved by the meeting with the majority set by the second paragraph of art. 1136 of the Civil Code, that is the majority of those present representing at least half of the building's value. If the division requires modifying the state of things or carrying out works to rearrange the premises among the owners, the higher majority set by the fifth paragraph of art. 1136 is needed instead, equal to two thirds of the building's value.

Dissolution ordered by the judge

When the meeting does not reach the majorities, art. 62 of the implementing provisions provides a judicial route: dissolution can be ordered by the judicial authority at the request of at least one third of the co-owners of that part of the building for which separation is sought. The judge steps in precisely to overcome the deadlock in the meeting, always provided the divisibility requirement is met.

Assets that stay in common

Dissolution is possible even if some of the things listed in art. 1117 of the Civil Code remain shared among the participants of the new condominiums. Systems, courtyards or accesses that by their nature cannot be divided continue to be managed as common parts among the resulting condominiums, under the ordinary rules on partial condominium or supercondominium.

• Verify through a survey that the buildings can be divided into autonomous units.
• Call the meeting and resolve with the majority required by art. 1136.
• Identify the assets that stay in common and define how they are managed.
• Give each new condominium its own parts, thousandth tables and accounts.
• In case of deadlock, consider applying to the judge under art. 62 of the implementing provisions.

The difference between dissolution and supercondominium

Dissolution should not be confused with simply organising a supercondominium. In a supercondominium the various buildings remain tied by shared assets and services, and management, though structured, stays unified for the common parts. With dissolution, by contrast, the condominium bond is broken and genuinely separate entities arise. That is why the tool is useful when the buildings have diverging management needs, recurring conflicts in the meeting or extraordinary works affecting only part of the complex: separating lets each new condominium decide and spend autonomously, without having to involve those who are not concerned.

The practical consequences of division

After dissolution each new condominium must obtain its own tax code, new thousandth tables, its own bank accounts and separate accounting. Prior receivables and payables must be allocated and the position of suppliers clarified. It is a delicate phase in which correctly separating the accounting data avoids disputes among the owners of the new buildings.

Managing the separation with software

In the move from a single condominium to several autonomous ones, management software helps duplicate the registries, rebuild the thousandth tables of each new building and separate the accounting balances without losing history. AmministraPro manages several condominiums within the same firm with distinct accounts and dedicated thousandth allocations, easing the dissolution phase and the restart of the new entities. You can see how it works on the features page or compare the plans in the pricing section.