Stairwell windows: who pays for replacement

The windows and frames that light and ventilate the stairwell are common property: replacing them is a condominium expense split among the owners served by the staircase, normally under the Article 1124 criterion of the Italian Civil Code, half by thousandths (millesimi) and half by floor height. By contrast, the windows of an individual unit are borne solely by its owner. The distinction between a common frame and a private window is the key to deciding who pays. Let us look at it with concrete examples.

Stairwell frames are common

Article 1117 of the Italian Civil Code includes among common property the stairs and the accessory works intended for common use. The stairwell windows, the skylights and the frames that ensure light and ventilation to the stair shaft serve the whole community of owners that uses that stair body. They are therefore common property and their maintenance or replacement falls within condominium management.

By contrast, the windows, French doors and frames opening inside the individual units are the exclusive property of the owner and their replacement falls entirely on them, subject to respecting architectural decorum.

The allocation criterion: Article 1124

Since the stairwell frames are functionally connected to the staircase, the prevailing view allocates the cost using the Article 1124 criterion of the Italian Civil Code:

• half of the cost by thousandths of ownership of each unit served;
• half in proportion to the height of each floor above the ground;
• exclusion of units not served by that staircase, for example shops with independent access from the street.

Alternatively, if the meeting considers that the frames serve everyone uniformly regardless of floor, it may resolve to allocate by general thousandths under Article 1123, first paragraph. The choice must be reasoned and recorded in the minutes.

Ordinary or extraordinary maintenance

Full replacement of the stairwell frames due to age, breakage or efficiency improvement is extraordinary maintenance. Simply repairing a handle, replacing a seal or minor periodic maintenance are ordinary in nature. The distinction matters for the majorities and for the split between owner and tenant.

Who pays between owner and tenant

Towards the condominium the liable party is always the owner of the unit, under Article 63 of the implementing provisions. In the internal lease relationship the cost follows the split between ordinary and extraordinary charges typical of rentals: extraordinary replacement of the common frames remains with the owner, while minor maintenance and cleaning may fall on the tenant as accessory charges. The windows of the individual rented unit, when replaced due to age, are borne by the property owner, not by the condominium nor, as a rule, by the tenant.

Energy efficiency and decorum

Replacing the common frames is often an opportunity to improve the thermal and acoustic insulation of the stairwell. If the work introduces new features going beyond mere replacement, such as a different type of frame or an enlargement of the openings, one may approach the concept of innovation, with the reinforced majorities of Article 1120. In any case the architectural decorum of the building protected by Article 1122 must be respected, keeping aesthetic consistency with the facade.

Majorities and resolution

Replacement due to wear is approved with the ordinary majorities set by Article 1136 of the Italian Civil Code for maintenance. The resolution should state the quote, the allocation criterion and the nature of the work, so as to avoid disputes when the accounts are drawn up. If it is an innovation, higher majorities are required.

How to set up the allocation without mistakes

Distinguishing stairwell windows from private frames and applying the correct criterion is the main source of errors. With AmministraPro the manager sets up the stairs table, classifies the expense as common or private and automatically generates the shares only for the owners served, applying the combination of thousandths and floor height. To learn more about managing tables and common expenses you can review /funzioni and compare the plans on /prezzi.