Common parts serving part of the building: Art. 1123(3)

The third paragraph of Article 1123 of the Italian Civil Code solves a common problem in complex buildings: what happens when a common part serves not everyone, but only a portion of the owners. The rule provides that, if a building has several stairways, courtyards, roof terraces, works or systems meant to serve part of the whole building, the maintenance expenses are borne by the group of owners who derive benefit from them. This is the basis of the so called partial condominium.

The principle: those who use, pay

The logic of the third paragraph is simple and fair: there is no sense in charging the maintenance of a secondary stairway to someone who never uses it because they live in another block. The expense follows objective utility, that is the material and functional link between the asset and the units it serves. The criterion does not look at an individual's subjective use, but at the structural purpose of the asset: if a common thing by its nature serves only some units, only those contribute.

What partial condominium means

Partial condominium is not a separate entity with its own tax code, but a legal situation internal to the condominium: with respect to a given asset or system, only the owners who benefit form the group liable for expenses and entitled to decide on its management. The condominium remains one, but for those items liability for expenses and voting rights narrow to the interested owners. The others take part neither in the expense nor in the related resolution.

Recurring examples

• Two distinct stairways in a single building, each serving a different wing.
• A courtyard or driveway serving only some units.
• A lifting system present in only one block.
• A roof terrace that covers and protects only the vertical line of some units.
• A technical system installed to serve a group of flats.

How to identify the group liable for the expense

To apply the third paragraph you must precisely identify the units served by the asset. The check is technical and factual: you look at location, material connections and function. Once the group is defined, within it the expense is usually split according to the thousandths of the member units, or according to the use criterion if the asset serves that group to a different degree. In many condominiums this distinction is formalized with tables dedicated to the block or to the single system.

Decisions on the partially serving asset

Voting rights follow the duty to pay. On matters concerning the partially serving asset, for example its extraordinary maintenance, only the owners of the interested group decide, with the statutory majorities calculated on that group. Involving unrelated owners in these resolutions, or charging them the expenses, exposes the resolution to challenge. It is therefore essential that the minutes and the split reflect the real pool of beneficiaries.

Do not confuse the three paragraphs

The partial service of the third paragraph must not be confused with the differentiated use of the second paragraph. In differentiated use all owners use the asset, but to a different degree, and all contribute in proportion to use. In partial service a share of the owners do not use the asset at all and are therefore entirely excluded from the expense. Identifying which case applies, before preparing the statement, prevents disputes and wrong allocations.

Managing a condominium with several blocks, stairs and partially serving systems requires multiple tables and distinct expense groups. AmministraPro lets you define, for each asset, the pool of owners served and split the expenses only among them, keeping groups and their statements separate. The multi block management features are described on /funzioni and the available plans on /prezzi.