Practical regulations
Managing a change of use of a unit
When an owner turns an apartment into an office, a professional studio or a shop, the condominium is affected in more ways than the simple change of use itself: cost allocation criteria may change, bylaw clauses may become relevant, and contractual restrictions on use may come into play. The property manager is not asked to authorize the new use, which is the owner's choice unless the bylaws forbid it, but must correctly handle the condominium consequences: update the owners register, check the value tables, inform the assembly when the change affects cost allocation, and monitor compliance with any contractual restriction. Handling this in an orderly way prevents later disputes over tables and resolutions passed during the transition period.
What can change and what cannot
A change of use generally does not require assembly authorization: under article 1102 of the Italian civil code, an owner may put their unit to a different use than the original one, provided this does not harm the building's stability, safety or appearance, and does not alter the intended use of the common parts. The assembly does not vote to approve or reject the choice, but takes note of the change for management purposes.
A different scenario arises when the condominium bylaws are of a contractual nature, meaning approved unanimously or referenced in each individual purchase deed. In this case the bylaws may contain specific restrictions on use, such as a ban on commercial activity, medical practices or noisy activities, binding on all current and future owners. The property manager must check whether such a restriction exists before passively acting on the change, and must notify the owner in writing if it does.
Impact on costs and value tables
The general ownership shares, known as table A, remain unchanged: they are calculated on the value of the unit, not on how it is used. What often changes is the weighting in the specific use tables, those tied to services whose consumption depends on the activity carried out: central heating with longer operating hours, water use for a commercial activity, cleaning of common areas with heavier foot traffic.
In these cases the property manager must check whether the existing tables already provide a different coefficient for non residential use, or whether an update is needed under article 69 of the implementing provisions of the civil code, which allows the proportional values to be revised when the use of a unit has changed significantly.
- Whether the bylaws already set different coefficients for residential and non residential use
- Whether the activity brings significantly more public access, affecting cleaning and wear of common areas
- Whether water, heating or other centralized service consumption changes significantly
- Whether a resolution revising the tables under article 69 of the implementing provisions is required
Communications and updating the owners register
Article 1130, number 6, of the civil code requires the property manager to keep an owners register containing owner and tenant data, including land registry details and any information relevant to the safety of the common parts. A change of use is information that must be recorded in this register, because it affects the actual use of the unit and, indirectly, the condominium risks to be assessed, for instance for the building's insurance policy.
The owner must notify the property manager of any change in this data within the timeframe set by the bylaws or, absent that, within a reasonable time. Once notified, the property manager updates the register and, if necessary, informs the assembly at the first available meeting, especially when the change affects cost allocation or requires updating the value tables.
When an assembly resolution is required
No resolution is needed to authorize the change of use itself, but one is needed when the change requires modifying the cost allocation criteria: revising the value tables under article 69 of the implementing provisions requires unanimity when it results from an agreement among owners, while judicial or consensual revision in the cases set out by the rule follows specific requirements. A different situation arises when the contractual bylaws expressly forbid the new use: here a simple majority resolution of the assembly cannot override the ban, since the consent of all owners is required, or the bylaws must be amended with the qualified majorities set for contractual bylaws.
Management software such as AmministraPro helps the property manager keep track of these changes in an orderly way: from the condominium register, the change of use is recorded, related documents such as the owner's notice or any resolution revising the tables are attached, and a useful history is kept in case of later disputes over cost allocation.
Frequently asked questions
Does an owner need the assembly's permission to change the use of their unit?
No, generally not. Under article 1102 of the civil code, an owner may use their unit as they see fit, provided this does not damage the common parts, does not alter their intended use, and does not compromise the building's safety, stability or appearance. The assembly has no veto power over the choice of use, unless the condominium bylaws are contractual in nature and contain a specific ban on that use: in that case the ban is binding and must be respected regardless of any majority resolution of the assembly.
Does a change of use always require redoing the value tables?
No, not always. The general ownership shares remain tied to the value of the unit and do not change simply because the use has changed. The specific use tables, however, may need revision if actual consumption of a service such as heating, water or cleaning changes significantly compared to before: in this case article 69 of the implementing provisions of the civil code applies, allowing the proportional values to be modified when the use of the unit has changed materially.
What should the property manager do when notified of a change of use?
The property manager must update the owners register required by article 1130, number 6, of the civil code, check whether the condominium bylaws contain specific restrictions on that use, verify whether the specific use tables need revision, and, if the change affects cost allocation or the building's insurance risk, inform the assembly at the first available meeting. Software such as AmministraPro allows the change to be recorded in the register and related documents to be attached.
What happens if the contractual bylaws expressly forbid commercial or professional use?
A restriction contained in contractual bylaws, meaning bylaws approved unanimously or referenced in each individual purchase deed, is binding on all owners, including anyone who later purchases the unit. In this case a prohibited change of use cannot be legitimized by a simple majority resolution of the assembly: it requires the consent of all owners, or an amendment of the bylaws with the qualified majorities required for contractual bylaws, or a court ruling that the restriction no longer applies.
Does a change of use affect the condominium's insurance policy?
It can, because the risk covered by a comprehensive building policy also takes into account the actual use of the units, for instance greater public footfall in the case of a commercial activity. For this reason, updating the owners register, which includes information relevant to the safety and risks of the common parts, is a step that should not be skipped when a new use is recorded.
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