Practical guide
Managing the setting up of a condominium
Under Italian law, a condominium arises automatically the moment a single-owner building is subdivided into at least two units belonging to different owners, sharing common parts as defined by article 1117 of the Civil Code. No formal incorporation act is needed, unlike a company: articles 1117 ter onward instead govern the life of the resulting management entity. In practice, though, this transition requires concrete steps: obtaining a tax code for the condominium, drafting the unit value tables, approving internal regulations, and convening the first meeting to appoint an administrator when the building has more than eight units, as required by article 1129. This guide walks through the steps in practical order, referencing the relevant rules and common practice.
The moment of birth: from subdivision to forced co-ownership
The condominium already exists the moment the original builder or owner sells the first unit to a different party, creating multiple owners over the same common parts: stairways, roof, facades, centralized systems. No resolution or registration is needed for it to arise: it is an automatic effect of the law, described by legal scholars as forced co-ownership, since no co-owner can unilaterally dissolve it as long as the separate units exist.
What does need active management are the administrative and tax steps that follow this birth: without a tax code, value tables and a minimum of organization, the condominium exists legally but cannot operate, pay suppliers or open a dedicated bank account.
The condominium tax code
Every condominium, even the smallest, must have its own tax code, distinct from those of the individual unit owners, to hold utilities, supplier contracts and the condominium bank account that article 1129 makes mandatory once an administrator is in place.
The application is filed with the Italian Revenue Agency using form AA5/6, indicating the building's cadastral data and, if already appointed, the administrator as the entity's representative. Absent an administrator, any unit owner can file the request acting as temporary representative.
Unit value tables
Unit value tables, governed by articles 68 and 69 of the Civil Code implementing provisions, express in thousandths the proportional value of each unit relative to the whole building, and form the basis for allocating common expenses under article 1123.
They must be drafted by a licensed technician (surveyor, architect or engineer) based on objective measurements and criteria such as surface area, height, exposure and floor level, often referencing the UNI 10801 technical standard on calculation criteria. Approval happens at a meeting with the qualified majority required by article 1136, unless every owner signs them as a private agreement instead.
Errors in the tables are not final: they can be corrected on request of even a single owner who proves an error exceeding one fifth of the value, under article 69.
The condominium regulations
Regulations become mandatory once there are more than ten unit owners, under article 1138, but it is good practice to adopt them from the very start to set rules for using common parts, allocate expenses not already covered by the value tables, and establish rules of coexistence.
Contractual regulations, drafted by the builder and referenced in purchase deeds, have different legal force from regulations later approved by the assembly: the former can contain restrictions on individual rights, such as limits on permitted use, but only if expressly accepted, while the latter can only govern the use of common property.
The first meeting and appointing an administrator
If the building has more than eight unit owners, article 1129 makes appointing an administrator mandatory. The first constitutive meeting exists precisely for this purpose, along with approving the unit value tables if not already signed by everyone, the regulations, and a first expense estimate.
The meeting can be convened by any owner interested in organizing management, following the notice methods and deadlines set by article 66 of the implementing provisions. Managing this stage digitally from the start, with minutes, tables and statements tracked in a single tool such as AmministraPro, avoids scattering documents right when the condominium's historical record is being formed.
Frequently asked questions
Is a notarial deed needed to set up a condominium?
No. A condominium arises automatically once the building is subdivided among multiple owners, without a constitutive act, a resolution, or a specific registration. The only notarial deeds involved are the purchase deeds for the individual units, not a founding act for the condominium entity itself.
When is appointing an administrator mandatory?
Article 1129 of the Civil Code requires appointment once there are more than eight unit owners. Below that threshold appointment remains optional and management can stay with the owners themselves, though an administrator can still be appointed with fewer units if the assembly considers it useful, for example to manage complex systems or relationships with multiple suppliers.
What happens if the unit value tables are never approved?
Without approved tables, expenses can be allocated provisionally based on cadastral values or other shared proportional criteria, but the situation is open to disputes. It is best to formalize the tables as soon as possible, since many of the condominium's banking and tax operations require a certain and verifiable allocation basis.
Who convenes the first meeting if there is no administrator yet?
Without an administrator, the first meeting can be convened by any unit owner, following the notice procedures set by article 66 of the Civil Code implementing provisions. A management platform such as AmministraPro allows this first meeting's agenda, proxies and minutes to be tracked in a structured way from the outset.
Can condominium regulations restrict how a unit is used?
Only contractual regulations, drafted by the builder and referenced in purchase deeds or approved unanimously, can contain restrictions on individual owners' rights, such as permitted-use limits. Ordinary assembly regulations, approved by majority under article 1138, can only govern the use and enjoyment of common parts, not restrict individual rights over exclusively owned property.
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