Practical guide
Individual owner works that affect the common areas
An owner who wants to renovate their flat, move a system or open a new flue often ends up affecting, even indirectly, the building's common areas. Article 1122 of the Italian Civil Code governs exactly this situation: the individual may carry out works in their own property or on the parts of individual use, but must not harm the common areas or impair the stability, safety or architectural appearance of the building. In addition they must give prior notice to the manager. Knowing these limits prevents disputes between owners and lets the manager perform their oversight role without becoming an unjustified obstacle to lawful works.
What Article 1122 of the Italian Civil Code says
Article 1122 states that in the unit they own, or in the parts intended for their individual use, an owner may not carry out works that harm the common areas or that compromise the stability, safety or architectural appearance of the building. The rule protects the collective interest without denying the individual the right to act on their own spaces.
The owner must give prior notice to the manager of the works they intend to carry out when these may affect the common areas. Having received the notice, the manager reports to the owners' meeting: not to authorise the work, which remains the owner's right within the limits of law, but to allow a check on the absence of harm to the common areas.
When the duty of notice applies
Prior notice is due when the individual's works may have an impact on the common areas or on the building's appearance: think of opening a new window in the perimeter wall, moving a common drain, altering a visible facade or installing elements anchored to common structures.
For purely internal works with no effect on the common areas, notice is not necessary: redoing a bathroom or changing floors without touching common systems remains free. When in doubt, however, it is prudent to inform the manager anyway, because an extra notice protects the owner from future disputes and lets everyone document that nothing was concealed.
- Notice due: works affecting perimeter walls, common systems, facade or appearance
- Notice not needed: internal works with no effect on the common areas
- When in doubt, inform the manager as a documentary precaution
The limits not to exceed: harm, stability, appearance
The first limit is the ban on harming the common areas: no work may weaken a load-bearing wall, compromise the waterproofing of a common terrace or disrupt the operation of a common system. The second is the protection of the stability and safety of the whole building, which always prevails over the individual's interest.
The third limit is the architectural appearance: visible changes that appreciably alter the building's unified aesthetics, such as a sunroom breaking the facade's symmetry or an out-of-context cladding, can be challenged even if made on exclusively owned parts. The assessment is concrete and concerns the real impact on the whole, not a minimal, irrelevant change.
The manager's role and liability
Having received prior notice, the manager checks that the work does not harm the common areas and, if necessary, brings it to the meeting's attention. They cannot arbitrarily forbid lawful works, but have a duty to act, including through the courts if needed, when an individual's work actually harms the common areas or compromises their safety.
Anyone who carries out the work in breach of the limits is liable for damages and may be required to restore the site. That is why it helps to keep the notice received, any resolution and the technical documentation. With software such as AmministraPro the manager archives these notices, links them to the building and the unit concerned and keeps track of the steps, valuable support in case of disputes; the features and plans are described on the /funzioni and /prezzi pages.
Frequently asked questions
Must an individual owner ask the meeting's permission for internal works?
No, for works in their own unit that do not touch the common areas no resolution is needed. When the works may instead affect the common areas, Article 1122 requires prior notice to the manager, who reports to the meeting for a check on the absence of harm, not to authorise the work.
What is the risk of not giving prior notice to the manager?
Anyone who omits the due notice exposes themselves to disputes and, if the work harms the common areas or compromises stability or appearance, may be required to remove the work and compensate for damages. Prior notice does not cure an unlawful work, but its absence worsens the owner's position.
Can the manager stop an individual owner's works?
The manager cannot arbitrarily forbid lawful works. They can, however, act, including in court, when the work actually harms the common areas or endangers the building's safety. Their role is to check for the absence of harm, not to grant discretionary authorisation of private works.
Do a sunroom or a canopy fall among works subject to limits?
Yes, if they are visible and affect the architectural appearance or are anchored to common structures. Even if built on an exclusively owned terrace, they can be challenged when they appreciably alter the building's unified aesthetics. The assessment concerns the concrete impact on the whole, not a minimal change.
How to keep track of notices about owners' works?
It is advisable to record every prior notice received, link it to the building and the unit concerned and keep designs and resolutions. Software such as AmministraPro lets the manager archive these notices in an orderly, reconstructable way, so the manager can prove the steps taken in case of future disputes between owners.
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