Practical regulations
How to handle the dissolution of a condominium
The dissolution of a condominium is not a frequent event, but when a building's physical layout allows it, Italian law provides a precise path out of forced co ownership. Articles 61 and 62 of the implementing provisions of the civil code govern this exact situation: on one side the possibility of splitting a condominium into several autonomous condominiums when parts of the building can be separated without drawbacks, on the other the limits that apply when separation would harm indivisible shared parts such as shared systems, stairwells or roof. Understanding when the request is admissible, how the resolution works, what happens to prior accounting and supplier relationships is essential for property managers and owners facing this scenario.
The requirements under article 61
Article 61 allows any owner, or group of owners, to request separation into distinct condominiums when the building includes parts capable of autonomous management, for example multiple stairwells, multiple connected building blocks, or sections with separable systems. The request is addressed to the assembly and, in case of disagreement, can be brought before a judge, who assesses whether the division is technically and economically sustainable without harming the parts that remain shared by everyone.
Wanting to separate is not enough on its own: the sections involved must have genuine functional autonomy. A condominium with a single entrance, a single indivisible central heating system, or a single non splittable roof is unlikely to pass this test, because separation would leave the management of those structural common elements unresolved.
What stays shared: the limit under article 62
Article 62 clarifies that, even after dissolution, things intended for the use and enjoyment of all the buildings resulting from the division remain in common ownership: shared courtyards, shared attics, systems serving multiple units, and generally any part that cannot be assigned exclusively to just one of the new condominiums.
This means dissolution is rarely total: in practice a main condominium (sometimes called a supercondominium) often continues to manage the indivisible parts, while the individual derived condominiums manage their own stairwells, entrances and systems autonomously. The dissolution resolution must precisely identify which assets remain shared and which pass to the exclusive management of each new condominium, otherwise disputes tend to drag on for years.
The procedure and required resolutions
In practice, dissolution requires a sequence of steps.
- A preliminary technical assessment, usually by a qualified surveyor, on the actual separability of systems, access points and structures
- An assembly resolution approving the division, including the new ownership share table for each derived condominium
- Identification of the parts that remain shared under article 62 and their management regime
- Appointment of new property managers, or confirmation of a single manager if a supercondominium remains, for each management unit
- Formal notice to suppliers, banks and utility providers to update contract holders
Final accounting and management continuity
The most delicate step in practice is closing the accounts of the original condominium: a final statement is needed that captures receivables, payables to suppliers, cash reserves and any special reserve funds accumulated, to be allocated among the derived condominiums according to the ownership shares in effect up to the effective date of dissolution.
A condominium management platform that keeps traceable, building separable accounting, such as AmministraPro, meaningfully simplifies this step: it allows isolating the transactions of the building becoming autonomous, generating the closing statement, and starting the new managements with correct opening balances, reducing the risk of disputes over settlements between the old and new managements.
Frequently asked questions
Who decides whether a condominium can be dissolved?
In the first instance, the assembly decides, called to resolve on the division request submitted by one or more owners under article 61 of the implementing provisions. If the assembly rejects the request or no agreement is reached, the owner concerned can turn to a judge, who assesses whether the technical requirements for separation exist without harming the indivisible shared parts.
What happens to the condominium's debts and receivables before dissolution?
The original condominium must close its accounts with a final statement that allocates receivables from defaulting owners, payables to suppliers and any residual cash reserve according to the ownership shares in effect up to the effective date of dissolution. Obligations arising before the division remain attributed based on the period they relate to, regardless of the new management structure created afterward.
Do indivisible shared parts remain managed jointly?
Yes. Article 62 establishes that things intended for the common use of all buildings resulting from the division, such as shared courtyards or systems serving multiple units, remain jointly owned even after dissolution. In practice this often gives rise to a supercondominium style management that operates alongside the autonomous management of each derived condominium.
Is a technical survey required to request dissolution?
It is not strictly a legal obligation, but it is strongly advisable: a technical assessment of the actual separability of systems, access points and structures is what allows the assembly first, and a judge if necessary, to verify that the division will not compromise the functionality of the parts that remain shared. Without this preliminary check, the request risks being rejected or generating later disputes.
Does management software concretely help with dissolution?
Yes, particularly during final accounting and the launch of the new managements. Platforms such as AmministraPro allow keeping separate, per building accounting even before formalization, generating the original condominium's final statement, and transferring correct opening balances to the derived condominiums, reducing the manual errors that often fuel disputes between owners after a division.
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