Practical regulations
When a condominium regulation is mandatory
Many property managers and owners in Italy ask whether a condominium regulation is always required or simply good practice. The answer sits in the Civil Code: Article 1138 makes it mandatory once a building has more than ten owners, while below that threshold it remains optional, though still useful to organize shared living. This guide explains when the obligation applies, what the regulation must contain, how it is approved and which attachments cannot be missing, with direct reference to the rule and to the practice most commonly followed in Italian buildings.
The obligation under Article 1138 of the Civil Code
Article 1138 of the Italian Civil Code establishes that once a building has more than ten distinct owners, a condominium regulation must exist. The threshold counts the people who share ownership, not the individual units: a single owner holding several apartments does not by itself trigger the obligation if the number of distinct owners stays below ten.
If the regulation is missing in a condominium that is legally required to have one, any owner can request its formation, and the property manager, once appointed, must bring the matter to the assembly. In condominiums with ten owners or fewer, the regulation remains optional: it can still be adopted at the owners' initiative to clearly organize common areas, schedules and shared behavior.
What the regulation must contain
The condominium regulation governs the use of common areas, the allocation of expenses based on ownership shares, and the rules protecting the building's appearance and shared living. Article 1138 also sets an important limit: the regulation cannot impair the rights each owner holds under their purchase deed and related agreements, and it cannot prohibit owning or keeping pets.
Typical content includes rules for using stairs, elevators, courtyards and other common areas; criteria and timing for routine maintenance; rules on assembly proxies and meeting notice procedures; and any time limits on noise or activities affecting quiet enjoyment of the building. Clauses that simply restate what the law already provides are known as assembly-type regulations, while clauses that introduce additional contractual limits require unanimous consent to be enforceable against all owners.
Approval and required majorities
An assembly-type regulation, one that simply organizes condominium life within the boundaries set by law, is approved with the qualified majority required by Article 1136 of the Civil Code for resolutions of this kind, typically a majority of those present representing at least half the value of the building. A so-called contractual regulation, one that introduces limits on individual owners' rights beyond what the law provides, instead requires unanimous consent or must be attached to the condominium's founding deed.
Once approved, the regulation should be recorded in the condominium registry and made available to every owner, including new buyers, to whom it must be delivered or otherwise made accessible.
Mandatory attachments and related documents
A condominium regulation is normally accompanied by two fundamental technical attachments: the ownership-share table, which expresses each unit's proportional value relative to the whole building and serves as the basis for expense allocation, and the general building floor plan identifying common and private areas.
For buildings with significant technical systems, such as heating or air conditioning plants, the relevant technical reference documentation also draws on sector standards such as UNI 10801, which concerns heat distribution systems. This is not a requirement of the regulation itself, but proper document management, supported by tools such as AmministraPro, helps property managers keep the regulation, ownership-share tables, floor plans and technical documentation together in a single archive accessible to both managers and owners.
Frequently asked questions
Is a condominium regulation always mandatory?
No. It is mandatory only when the condominium has more than ten owners, as established by Article 1138 of the Italian Civil Code. Below that threshold the regulation remains optional, though it can still be adopted by the owners' choice to clearly organize the use of common areas and shared living in the building.
Who must request the regulation if it is missing?
In a condominium that is legally required to have one because of the number of owners, any owner can request that a regulation be drafted, and the property manager, once appointed, must bring the matter before the assembly. Failing to adopt one does not remove the legal obligation, which remains in force as long as the condominium exceeds the ten-owner threshold.
What majority is needed to approve the regulation?
An assembly-type regulation, one that simply organizes shared living within the law, is approved with the qualified majority required by Article 1136 of the Civil Code. If instead the regulation introduces contractual limits on individual owners' rights beyond what the law provides, unanimous consent is required, or it must be attached to the condominium's founding deed.
Which documents must be attached to the regulation?
The typical attachments are the ownership-share table, which expresses each unit's proportional value and is used to allocate expenses, and the general building floor plan showing common and private areas. For significant technical systems it can also be useful to reference sector standards such as UNI 10801. Software such as AmministraPro allows the regulation, ownership-share tables and floor plans to be kept together in a single digital archive that is always accessible.
Can the regulation restrict keeping pets?
No. Article 1138 of the Italian Civil Code expressly states that a condominium regulation cannot prohibit owning or keeping pets. This limit applies to both assembly-type and contractual regulations, and it is one of the few explicit restrictions the law places on the content of the regulation.
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