Practical guide
Who pays: usufructuary or bare owner
When an apartment is subject to a usufruct, two holders coexist: the usufructuary, who enjoys the property, and the bare owner, who retains ownership. Condominium expenses split by nature under Articles 1004 and 1005 of the Italian Civil Code: the usufructuary pays ordinary administration and enjoyment costs, the bare owner pays extraordinary works that affect the substance of the asset. Toward the condominium, however, both are jointly liable. Knowing in advance who pays what lets the condominium manager address each share correctly and prevents an item from falling on the wrong party.
The principle: enjoyment costs to the usufructuary, structural costs to the bare owner
The rule stems from Articles 1004 and 1005 of the Italian Civil Code. The usufructuary bears the costs of custody, administration and ordinary maintenance, along with taxes and charges levied on income. The bare owner remains liable for extraordinary repairs, meaning those needed to ensure the stability of load-bearing walls and vaults, the replacement of beams, and the renewal of structural elements in whole or in a substantial part.
Transferred into the condominium setting, the criterion means the usufructuary pays items tied to daily use and the running of common parts, while the bare owner pays works that preserve or increase the value of the building. The distinction does not look at who approved the expense, but at the nature of the work.
Examples of costs charged to the usufructuary
The usufructuary's obligations typically include the recurring costs that accompany the enjoyment of the property and the common parts. These are items that repeat each financial year and follow actual use.
- Cleaning of stairs, entrance hall and common areas.
- Electricity for common parts and lighting.
- Central heating and water consumption.
- Ordinary maintenance and operation of the lift.
- The condominium manager's fee and small routine repairs.
- Ordinary maintenance of the garden and systems.
Examples of costs charged to the bare owner
The bare owner is responsible for extraordinary works that affect the structure or renew significant parts of the building. These are non-recurring works, often approved as extraordinary expenses at the owners' meeting.
- Renovation of the roof or flat roof terrace.
- Restoration or reinforcement of the facade and load-bearing walls.
- Full replacement of the lift system.
- Rebuilding of the central heating system.
- Significant structural, seismic and safety works.
Joint liability toward the condominium and separate voting rights
In internal relations the expense splits as described, but toward the condominium the matter changes. Article 67 of the implementing provisions of the Italian Civil Code establishes that the bare owner and the usufructuary are jointly liable for the contributions owed to the managing body. The condominium manager may therefore claim the entire share from either of them, subject to internal recourse according to the nature of the expense.
The same Article 67 governs voting rights: the usufructuary votes on matters relating to ordinary administration and the simple enjoyment of common things and services; the bare owner votes on resolutions concerning innovations, reconstruction and extraordinary maintenance of common parts. Summoning the right party for each resolution is therefore decisive for the validity of the vote.
How to set the shares correctly in the condominium
The condominium manager must be aware of the usufruct and hold the details of both parties, which must be recorded in the condominium register required by Article 1130, number 6, of the Italian Civil Code. Only then can payment notices be issued to the correct party and the person entitled to vote on a given point be summoned.
In practice it helps to keep two distinct references for the same unit, linking ordinary expense items to the usufructuary and extraordinary ones to the bare owner. With software such as AmministraPro, the register records the role of each holder and automatically distinguishes the recipients of shares and notices, so each instalment reaches the party that owes it. The features are described on the /funzioni page and the plans on the /prezzi page.
Frequently asked questions
Does the usufructuary pay extraordinary expenses?
As a rule no. Under Articles 1004 and 1005 of the Italian Civil Code, extraordinary repairs fall on the bare owner, while the usufructuary pays ordinary maintenance and enjoyment costs. Toward the condominium, however, both are jointly liable for the entire share, subject to internal recourse.
Who must be summoned to the owners' meeting?
It depends on the subject. The usufructuary votes on ordinary administration and enjoyment matters; the bare owner votes on innovations, reconstruction and extraordinary maintenance. Article 67 of the implementing provisions splits voting rights this way, so summoning the wrong party may void the resolution.
To whom does the manager send the payment notice?
The condominium manager charges the share to the party liable for the expense according to its nature, ordinary or extraordinary. Given the joint liability under Article 67 of the implementing provisions, the manager may still turn to either party to obtain the full contribution owed.
How do you tell an ordinary expense from an extraordinary one?
Ordinary expenses are recurring and tied to the running and enjoyment of common parts, such as cleaning, consumption and small repairs. Extraordinary ones are non-recurring works that affect the structure or renew significant parts, such as roof renovation or lift replacement.
Do you need software to manage usufruct and bare ownership?
It is not mandatory, but it helps a great deal. Software that records both holders in the register and links each to their relevant items reduces addressing errors. AmministraPro distinguishes the recipients of shares and notices: the features are on /funzioni and the plans on /prezzi.
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