Buyer's Succession and Condominium Expenses: Two Years

Whoever buys a unit in a condominium succeeds to the debts for unpaid contributions relating to the current year and the previous one, jointly with the seller. This is set out in Article 63, fourth paragraph, of the provisions implementing the Italian Civil Code. It is a rule designed to strengthen the condominium's position towards the claim, and every buyer must know it before the deed, because he may find himself paying sums accrued when he was not yet the owner.

The two-year rule

The rule establishes that whoever succeeds to the rights of an owner is obliged, jointly with him, to pay the contributions relating to the current year and the previous one. Joint liability therefore covers two annual periods: the financial year in which the transfer takes place and the one immediately before. For older debts the buyer is not jointly liable: they remain with the seller alone.

Case law clarifies that the year to consider is the condominium management year, not necessarily coinciding with the calendar year, and that the relevant moment is the succession into ownership. The calculation must be made in practice, looking at the condominium's accounting year and the effective date of the transfer.

Joint liability towards the condominium, not internally

The buyer's joint liability operates only in the relationship with the condominium, which is the creditor. It serves to give the condominium an additional debtor to count on. In the internal relationship between seller and buyer, instead, each bears the expenses arising when he was the owner, unless otherwise agreed. So if the buyer pays the condominium contributions accrued when the property still belonged to the seller, he has the right to recover from the latter.

This two-tier structure must be kept distinct. The condominium can choose to approach the buyer for the two years without first having to pursue the seller, because joint liability allows it. It will then be for the buyer to settle accounts internally.

How to protect yourself before buying

The prudent buyer does not buy blindly. Before the deed it is advisable to ask the manager for the certificate on the state of payments and pending litigation, provided for by the manager's disclosure obligations. This document allows one to learn of any arrears and disputes and to adjust the price or guarantees accordingly.

• Ask the manager for the certificate on the state of the seller's payments
• Check for pending condominium litigation
• Obtain the latest final accounts and meeting minutes
• Include clauses in the deed allocating the debts between the parties
• Possibly withhold a portion of the price as a guarantee for unpaid contributions

These precautions do not change the rule towards the condominium, but they protect the buyer in the internal relationship and reduce the risk of surprises.

The manager's role

The manager must update the condominium register when ownership changes and issue, on request, the certificate on the state of payments. He must also receive notice of the transfer in order to correctly allocate the instalments to the new owner. An outdated register generates errors in the allocation and recovery, with the risk of acting against the wrong person.

Until he receives notice of the transfer, the manager continues to regard the previous owner as debtor. It is therefore in the parties' interest to promptly notify the sale.

A practical example

Suppose a property sold during the 2026 financial year, with unpaid contributions from the 2025 year and part of 2026. The buyer is jointly liable towards the condominium for both years, because they fall within the two-year period. For any arrears from 2024 or earlier, instead, the condominium can only turn to the seller. In the internal relationship, the buyer who has paid the seller's arrears can request their return.

Keeping the ownership transfer traceable

The correct management of succession depends on register and accounting always being aligned. Recording the transfer date, updating the owner and precisely attributing overdue instalments avoids disputes and makes the payment certificate reliable.

AmministraPro manages the condominium register, keeps the ownership history and produces the certificate on the state of payments useful during a sale. The features are described on the /funzioni page, while the available plans are listed on /prezzi.