Practical regulations
Condominium common parts under article 1117
Article 1117 of the Italian Civil Code identifies the parts of a building that belong jointly to all unit owners, unless the deed of purchase states otherwise. It is not a closed list: the provision groups categories of assets that, by their function, serve the collective use and enjoyment of the building, from the ground on which it stands to the stairs, roofs and shared systems. Understanding what falls within common parts determines who decides on their management, who is liable for damage, and how maintenance costs are split. For a property manager, keeping a clear record of these items, together with the relevant apportionment shares and the history of works carried out, is the foundation of correct and verifiable administration, one of the reasons tools such as AmministraPro are used daily.
The list of common parts in article 1117
Article 1117 of the Italian Civil Code lists, without claiming to be exhaustive, the assets presumed to belong jointly to all owners of the units making up the building. The provision was updated by law 220 of 2012, which revised the list to account for technologies and systems that had by then become standard.
- The ground on which the building stands, the foundations, the load-bearing walls, columns and beams, roofs and flat roof terraces, stairs, entrance doors, lobbies, hallways, porticoes, courtyards and facades
- Areas used for parking and premises for shared services, such as the caretaker's lodge and living quarters, laundry rooms, drying areas and attics that by their nature are intended for common use
- Works, installations and structures intended for common use, such as lifts, wells, cisterns, water mains and sewage systems
- Systems for water, gas, electricity, heating and air conditioning, for radio and television reception and for access to any kind of data flow, including via satellite or cable, up to the point where they branch off into premises owned exclusively by individual unit owners
The presumption of joint ownership and how it can be rebutted
The list in article 1117 works as a rebuttable presumption: the assets listed are considered common unless the title, meaning the deed of purchase or a contractual condominium regulation, expressly states otherwise. Anyone claiming exclusive ownership of an asset that would otherwise fall within the common parts must produce a title that clearly assigns it to a single unit owner.
Italian case law has also clarified that, beyond the title, the functional purpose of the asset matters as well: premises that by structure and location objectively serve the common use of the building, such as a stairwell or entrance hall, remain common even if not expressly mentioned in the deed, because their function is itself an indicator of joint ownership.
Use of common parts among unit owners
Every unit owner may make use of the common parts, subject to two limits set out in article 1102 of the Civil Code, which applies to condominiums as well: not altering their intended purpose, and not preventing other unit owners from using them equally according to their right. On this basis, changes at one's own expense are allowed, such as installing an awning over a shared courtyard or a flue on an external wall, provided they do not harm the building's architectural appearance or the collective function of the asset.
Decisions on the use of and changes to common parts belong to the assembly of unit owners, with the majorities set out in articles 1120 and 1136 of the Civil Code depending on whether the matter is ordinary maintenance, an innovation, or work that alters the architectural appearance.
Costs linked to common parts
Costs for the upkeep and enjoyment of common parts are apportioned according to ownership shares, under article 1123 of the Civil Code, unless the asset serves the unit owners to a different extent: in that case the apportionment follows potential use, as set out for stairs and lifts under article 1124.
Keeping the applicable shares and the history of resolutions and expenses separate for each common part reduces the risk of disputes when accounts are presented. It is one of the reasons a property manager handling several buildings relies on software such as AmministraPro, which links each expense item to the correct apportionment table and keeps every split traceable.
Frequently asked questions
Is the courtyard always a common part of a condominium?
Yes, the courtyard is among the assets listed in article 1117 of the Italian Civil Code and is presumed common to all unit owners, unless the deed of purchase expressly assigns exclusive ownership to just one of them. Even without a specific mention in the deed, its function of providing air, light and access to the building is already an indicator of its common nature under settled case law.
Does a flat roof terrace reserved for exclusive use remain a common part?
A flat roof terrace is among the common parts listed in article 1117, but it can be assigned for exclusive use to a single unit owner through the title. In that case, extraordinary maintenance obligations and liability for infiltrations remain shared, split under article 1126 of the Civil Code partly on the owner with exclusive use and partly on the other unit owners in proportion to their shares.
Who decides on changes to common parts?
Decisions belong to the assembly of unit owners, with different majorities depending on the type of work: ordinary maintenance requires a simple majority of those present, innovations under article 1120 require qualified majorities, while work that alters the architectural appearance or intended use requires the broader consent set out in that same article 1120.
How are costs apportioned for a system that serves only some unit owners?
When a shared system or asset serves unit owners to a different extent, as with stairs and lifts serving only certain floors, apportionment does not follow the general ownership shares but the potential use criterion set out in article 1124 of the Civil Code, which accounts for each unit's floor level relative to the shared asset.
Does software such as AmministraPro help manage common parts?
Yes, AmministraPro allows each common part to be linked to its relevant apportionment table, records the assembly resolutions concerning its use or maintenance, and keeps a verifiable history of expenses incurred, elements useful for complying with the apportionment set out in articles 1123 and 1124 of the Civil Code and for responding with documentation to any disputes raised when accounts are presented.
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