Practical guide
The three cost-sharing criteria of Article 1123
Article 1123 of the Italian Civil Code is the basic rule for sharing condominium expenses, and its three paragraphs contain three distinct criteria. The first paragraph sets the general rule: each owner pays in proportion to the value of their property, that is, to the thousandths (millesimi). The second introduces the differentiated-use criterion, when a common part serves owners to different degrees. The third provides for separating expenses when a building has several staircases, courtyards or systems serving only some owners. Knowing which paragraph applies to each expense prevents challengeable resolutions and disputes at the owners' meeting. This guide walks through the three criteria step by step, with simple numerical examples.
First paragraph: the general thousandths rule
The first paragraph of Article 1123 states that the expenses needed to preserve and enjoy the common parts, to provide services in the common interest, and for improvements approved by the majority are borne by the owners in proportion to the value of each one's property, unless otherwise agreed.
In practice, the value of the property is expressed by the thousandths of the general table. If an expense amounts to 6,000 euro and an owner holds 85 thousandths out of 1,000, their share is 6,000 divided by 1,000 multiplied by 85, that is 510 euro. This is the criterion applied to all expenses concerning the whole building without differences in enjoyment, such as the maintenance of the facade, the roof or the overall building insurance.
The formula is always the same: total expense divided by 1,000 and multiplied by the individual thousandths. The sum of all owners' shares must equal the total expense, otherwise there is a calculation or rounding error to correct.
Second paragraph: differentiated use
The second paragraph corrects the general rule when dealing with things intended to serve owners to different degrees. In this case the expenses are shared in proportion to the use each one can make of them, not to the thousandths of ownership.
The typical example is staircases and elevators, for which the special rule of Article 1124 then applies, but the differentiated-use principle also covers other common parts. The criterion often requires a dedicated table, built on use coefficients rather than on the value of the units.
The mistake to avoid is confusing ownership and use: two units with the same thousandths can bear different shares if one uses the service and the other does not. This is why the manager must keep the general table and the use tables separate.
Third paragraph: separation by group and part of the building
The third paragraph governs the case in which a building has several staircases, courtyards, flat roofs, works or systems intended to serve only part of the whole building. In this scenario the related expenses fall on the group of owners who benefit from them, and not on the entire community.
A practical example: in a condominium with two stairwells, the maintenance of staircase A falls only on the owners of staircase A, each according to their own thousandths or internal use coefficients. Staircase B remains outside that expense. The same applies to a courtyard that gives access to only some units or to a lifting system that serves a single portion of the building.
This separation is the basis of what are called partial or group tables, essential in complex buildings and in super-condominiums, where some expenses are common to all and others concern only subsets of units.
- Paragraph 1: common-interest expenses shared by ownership thousandths
- Paragraph 2: parts serving to different degrees, sharing by use
- Paragraph 3: parts or systems serving a group, expense only on that group
How to choose the right paragraph and manage it in the report
Before sharing an expense, the manager should ask which category it belongs to: does it affect everyone equally, does it serve owners to different degrees, or does it concern only part of the building. The answer indicates the applicable paragraph and the table to use.
Documenting the choice in the financial report is essential for transparency: showing for each item the criterion applied and the linked table lets each owner verify their share and reduces the risk of challenges under Article 1137. An incorrect allocation, for instance using the general table for an expense that belongs to a single group, makes the resolution voidable.
A management software such as AmministraPro lets you associate the correct table with each expense category, whether the general one, a use table or a group table, automatically applying the relevant paragraph of Article 1123 and generating a clear report. The available features are described on the features page and the plans on the pricing page.
Frequently asked questions
What is the difference between the first and second paragraph of Article 1123?
The first paragraph shares expenses based on the value of the property, that is on general thousandths, and is the rule for expenses of common interest to all. The second paragraph applies to common parts serving owners to different degrees and shares the expense in proportion to actual use, not to ownership, usually requiring a dedicated table.
When does an expense fall only on some owners?
It falls only on some when it concerns a part of the building intended to serve only a group of units, such as a staircase, a courtyard or a system serving a single wing. This is provided by the third paragraph of Article 1123: the expense is borne by the owners who benefit from it, shared among them according to the thousandths or use coefficients of that group.
Can the criteria of Article 1123 be departed from?
Yes. The first paragraph preserves any different agreement: a contractual regulation or a unanimous agreement of the owners may set sharing criteria different from the legal ones. In the absence of a valid, unanimously approved departure, the criteria of Article 1123 remain applicable according to the type of expense.
What happens if I apply the wrong table to an expense?
Applying a criterion that does not conform to Article 1123, for example sharing among everyone an expense that belongs to a single group, makes the approving resolution voidable upon challenge by the affected owner within the legal deadlines. It is therefore important to associate the correct table and paragraph with each expense item before approving the allocation.
How can the different sharing tables be kept separate?
The manager must handle several tables at once: the general one for common expenses, one or more use tables and the group tables for parts serving only some owners. A management software such as AmministraPro lets you link each expense category to the correct table and automatically apply the criterion set out in Article 1123.
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