Managing costs of an exclusively-used roof terrace

The rule under Article 1126 of the Civil Code

Article 1126 establishes that when use of the roof terrace is not shared by all owners, the owner with exclusive use must contribute one third of the cost of repair or reconstruction, while the remaining two thirds fall on all those whose units are protected by the terrace, calculated according to the millesimi value of each floor or portion of floor below.

The logic is straightforward: the exclusive owner pays more because the terrace also provides an additional benefit, namely usable outdoor space as a terrace or balcony. The rest of the building, however, still benefits from the roofing function, so it contributes in proportion to the millesimi of the units that the terrace protects from water infiltration.

• One third of the cost: borne by the owner with exclusive use
• Two thirds of the cost: split among the owners protected by the covering, by millesimi
• The rule applies to both repairs and full reconstruction

Ordinary versus extraordinary maintenance: two different regimes

It is important to distinguish ordinary maintenance, such as periodic cleaning of drainage outlets and checking the waterproofing membrane, from extraordinary repair or full replacement of the waterproofing. Case law tends to apply the one third, two thirds split mainly to extraordinary maintenance and reconstruction, while for ordinary cleaning many condominium regulations, when they do not expressly provide otherwise, still follow the same criterion from Article 1126.

The property manager must always check the condominium's contractual regulation: if it contains a clause that expressly departs from Article 1126, that clause prevails, because the rule is not mandatory. In the absence of specific exceptions, the statutory rule remains the reference for every assembly resolution on cost allocation.

Water infiltration and liability: who pays for the damage

Water infiltration from the roof terrace is the most frequent cause of disputes between owners. When damage to the apartment below results from a maintenance defect in the terrace, liability for repair costs follows the same one third, two thirds allocation, while compensation for the damage actually suffered by the affected unit is a separate matter, to be assessed under the general rules on liability for custody of common property.

It is good practice for the property manager, at the first report of infiltration, to commission a technical survey to establish the source of the water before approving any intervention: distinguishing infiltration from the terrace from a problem in a self-contained plumbing system prevents costs that belong to a single owner from being wrongly charged to the whole building.

Managing the cost split in practice

In day-to-day management, the Article 1126 split should be entered in the cost allocation plan as a separate line item, with two distinct columns: the share borne by the owner with exclusive use, calculated on one third of the total cost, and the share allocated by millesimi of the protected units for the remaining two thirds. A management software such as AmministraPro allows dedicated millesimi tables to be configured specifically for this type of expense, automating the calculation and reducing manual errors when preparing the financial statement.

• Check whether the condominium regulation departs from Article 1126
• Distinguish ordinary maintenance, extraordinary maintenance and reconstruction
• Have the source of the infiltration verified before approving any intervention
• Enter the item in the financial statement with the double one third, two thirds split

Frequently asked questions