Practical guide
Managing costs to bring systems up to code
Bringing shared systems up to code, electrical, elevator, heating, fire safety, is often a significant expense that creates tension at the owners meeting, both over the amount and the allocation method. The law leaves little discretion on safety obligations, but leaves it to the property manager to organize the process correctly: gathering comparable quotes, properly framing the resolution, allocating costs according to ownership shares or usage criteria, and keeping the technical documentation. An orderly procedure reduces the risk of the resolution being challenged and allows the building to evaluate available incentives. This guide walks through the main operational steps, from legal obligations to final reporting.
Compliance obligations and who decides
Shared building systems (electrical, gas, elevator, central heating, fire safety in common areas) must meet current technical standards and safety rules. When a system is found non compliant, for example following an inspection, a fire brigade report or a periodic elevator check, the property manager has a duty to act promptly: this is necessary extraordinary maintenance, not an optional improvement.
The decision to carry out the works still belongs to the owners meeting, which resolves with the majorities set out in Article 1136 of the Italian Civil Code for extraordinary maintenance works. However, if the failure to comply exposes owners to a concrete and immediate safety risk, the property manager can and must act urgently under Article 1135, paragraph 2, of the Civil Code, ordering the unavoidable works and reporting back to the owners meeting at its first following session.
Collecting and comparing quotes
Before putting the item on the agenda, it is good practice to collect at least three quotes from licensed contractors, requesting comparable specifications so the offers can genuinely be compared: the same description of materials, the same warranty periods, the same distinction between mandatory works and optional improvements. A generic quote that only states a lump sum, without a breakdown of the works, exposes the property manager to later disputes over whether the cost was reasonable.
It is useful to have the quote separately highlight the interventions strictly necessary for regulatory compliance, any optional improvement works that may require a different majority, design or site supervision costs when the intervention requires them, and the execution timeline, especially if the system is already under a formal notice from a control authority.
The owners meeting resolution and required majorities
The agenda must clearly state the subject (bringing system X up to code), the total expected amount, the candidate contractor or contractors, and the proposed cost allocation criterion. A generic notice that only mentions works on the system without further detail is one of the most common grounds for challenging a resolution under Article 1137 of the Civil Code.
For extraordinary maintenance works below the statutory threshold, a majority of those attending representing at least one third of the building value on second call is sufficient; for higher amounts or for actual innovations, the higher majorities under Article 1136 are required. It is advisable that the minutes also record any individual owner's dissent, which can matter in later disputes.
Allocating the cost among owners
The general criterion, under Article 1123 of the Civil Code, is allocation based on ownership shares, unless the system serves some units to a different extent than others: in that case the usage criterion set out in the same article applies. For an elevator, for instance, settled case law distinguishes between ordinary maintenance costs (allocated based on use, excluding ground floor units that do not benefit from it) and structural building costs (also allocated based on general ownership shares), an aspect that must be checked case by case against the building bylaws.
When the property is organized as a multi-building complex, allocation of systems shared across all buildings follows the complex-wide ownership shares, distinct from those of the single building: a common mistake is applying the single building's shares for convenience, which leads to incorrect charges and possible challenges.
Available incentives and documentation to keep
Before the resolution is passed, it is worth checking whether the intervention qualifies for tax incentives currently in force for building renovation or energy efficiency, checking with an accountant or a licensed technician on the conditions applicable for the current year: any incentive affects the cost allocation plan and should be communicated to owners before the vote.
Once the works are complete, the property manager must keep, in an orderly way: the resolution minutes, the compared quotes, the contract with the contractor, the invoices, the system's conformity declaration (when required) and any technical testing or certification. This documentation, referenced in the annual financial report together with the cost allocation plan, is what protects both the property manager and the building in case of an inspection or a request from an owner or a future buyer. A management platform like AmministraPro helps keep resolutions, quotes, allocations and technical attachments together in a single digital file linked to the financial report, reducing the risk of losing a relevant document.
Frequently asked questions
Can the property manager have the works carried out without calling an owners meeting?
Only in exceptional cases. Article 1135, paragraph 2, of the Italian Civil Code allows the property manager to order urgent extraordinary maintenance works without prior authorization when there is a concrete safety risk, but must report back to the owners meeting at its first following session. Outside these urgent cases, the decision to carry out compliance works always belongs to the owners meeting, with the majorities set out in Article 1136.
How are costs allocated if the system serves only some owners?
The usage criterion under Article 1123 of the Civil Code applies: an owner who does not use the system, or uses it to a different extent, contributes in proportion to the actual benefit received. This is the typical case of an elevator relative to ground floor units, or a system serving only one building within a multi-building complex: in these cases the building bylaws and the specific ownership shares (for example stairwell or complex-wide shares) must be carefully checked before preparing the allocation plan.
What happens if an owner challenges the compliance resolution?
The resolution can be challenged within thirty days under Article 1137 of the Civil Code, typically for formal defects (inadequate notice, a generic agenda) or over the cost allocation criterion applied. To reduce this risk, the agenda should state the precise subject of the works, the expected amount and the allocation criterion, and the minutes should accurately record any dissent expressed at the meeting.
Do tax incentives change how the cost is allocated among owners?
No, tax incentives (when applicable) reduce the actual burden for each owner through their own tax return, but they do not change the ownership-share or usage allocation criterion set by the Civil Code and the building bylaws: the allocation plan must still be calculated on the gross cost, and any tax benefit should be verified individually with an accountant.
What documentation must the property manager keep after the works?
The resolution minutes, the compared quotes, the contract with the contractor engaged, the invoices, the system's conformity declaration when required by sector regulations, and any technical testing reports. These documents should be attached to the annual financial report: a management platform like AmministraPro allows them to be archived in a single file linked to the expense entry, so they can be retrieved quickly in case of an inspection or a request from an owner.
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