Painting the stairwell: who pays in a condominium

Painting the stairwell is a common expense split among the owners served by the staircase, not among everyone indiscriminately. The most widely followed criterion is Article 1124 of the Italian Civil Code: half of the cost based on the thousandths (millesimi) of ownership and half in proportion to the height of each floor above the ground. Those living higher up use the stairs over a longer stretch and contribute more. As it is maintenance, the cost falls on the owner, except for the use share that may be borne by the tenant. Let us see how to apply the allocation correctly.

The stairwell is common property

The stairs, landings and the related shaft are among the common property listed by Article 1117 of the Italian Civil Code. The stairwell walls are functionally connected to the service of the staircase and share its fate as regards expenses. Periodic painting for wear, yellowing or deterioration is therefore a condominium intervention, which the owners' meeting approves and allocates among those entitled.

Units not served by that staircase do not take part in the expense: for example the ground-floor premises with direct access from the street, which do not use the stairwell to reach their property. This exemption derives from the principle of use, recalled by Article 1124 itself and, in general, by Article 1123, third paragraph.

The Article 1124 criterion

Article 1124 governs the maintenance and replacement of stairs and lifts. It provides that the cost is split among the owners served in two equal halves:

• half according to the value of the individual units, that is by thousandths of ownership;
• the other half in proportion to the height of each floor above the ground.

The rationale is clear: those living on the upper floors use the stairs more intensively, covering a longer stretch, and must therefore contribute more. Painting the stairwell, being closely connected to the staircase itself, follows this criterion according to the prevailing view, rather than the simple general thousandths allocation.

When Article 1123 applies instead

There is an alternative view that brings the painting of the stairwell walls under the general rule of Article 1123, first paragraph, that is pure thousandths allocation, on the assumption that painting concerns a surface that everyone uses in a broadly uniform way. To prevent disputes it is advisable for the meeting, when awarding the work, to state expressly in the minutes the allocation criterion chosen. In the absence of a resolved criterion, the functional connection with the staircase makes Article 1124 preferable.

Ordinary or extraordinary: why it matters

The distinction between ordinary and extraordinary maintenance is decisive when the unit is rented out. A simple periodic repaint tends to be ordinary; a complete redo restoring damaged plaster, damp treatments or structural work on the shaft is instead extraordinary. The classification affects the meeting majorities and, as we will see, the split between owner and tenant.

Who pays between owner and tenant

Towards the condominium the liable party is always the owner, who is responsible for the shares under Article 63 of the implementing provisions. In the internal lease relationship, however, the split between ordinary and extraordinary charges follows the rules applicable to rentals: ordinary maintenance and cleaning costs fall on the tenant, while extraordinary work remains with the landlord. In concrete terms:

• ordinary and periodic painting of the stairwell may be charged to the tenant as an accessory charge;
• extraordinary refurbishment, restoring plaster or major treatments, remains with the owner;
• in any case the condominium charges the share to the owner, who then settles matters with the tenant according to the contract.

Majorities and resolution

Painting the stairwell is a maintenance intervention approved with the ordinary majorities set by Article 1136 of the Italian Civil Code. It is good practice for the resolution to state the chosen quote, the allocation criterion and, if possible, the colour samples, so as also to respect the architectural decorum protected by Article 1122. Clear minutes drastically reduce the risk of challenges.

Managing the allocation without mistakes

Applying the Article 1124 formula by hand, combining thousandths and floor heights, is the main source of errors in the accounts. With AmministraPro the manager sets up the stairs table with allocation by floor and by thousandths, and the software calculates the correct shares for each unit served, automatically excluding those who do not use the staircase. To see how allocation tables and common expense accounting are set up you can review /funzioni and assess the plans on /prezzi.