Practical regulations
Joint liability for condominium expenses
When a condominium unit changes hands, unpaid shared expenses do not simply disappear with the previous owner. Italian law, through Article 63 of the implementing provisions of the Civil Code, establishes a form of joint liability between the outgoing owner (the seller) and the incoming owner (the buyer) for a limited period: the current year and the two preceding years. This protects the condominium's cash flow and gives the building administrator a legal tool to recover arrears even after a sale. For buyers, sellers, notaries and administrators alike, knowing exactly how this liability works, what falls inside and outside the two year window, and how to manage the practical handover of accounts is essential to avoid disputes and unexpected bills.
What Article 63 actually establishes
Article 63 of the implementing provisions of the Civil Code (disposizioni di attuazione) states that whoever transfers rights over a condominium unit remains jointly liable with the new owner for expenses relating to the current year and the two previous years. This means that if a unit is sold in 2026, the buyer can be asked to pay unpaid contributions approved for 2026, 2025 and 2024, even if those expenses were resolved before the sale took place.
The rule exists to give the condominium a solvent debtor to pursue, since pursuing a former owner who has already left the building, and possibly the country, is often impractical. The joint liability does not erase the seller's own debt: the administrator can still act against the seller, but has the additional option of claiming the sum from the buyer, who in turn can seek reimbursement from the seller under ordinary civil law rules.
It is worth noting that the two year period refers to when the assembly approved the expense, not when the invoice was issued or when the work was carried out. This distinction matters when reconstructing which costs actually fall within the liability window.
Seller and buyer: who owes what
In practice, notaries request from the administrator a certificate stating the unit's position with respect to condominium accounts, commonly used before signing the deed of sale. This document should list approved but unpaid contributions for the current and prior two years, plus any pending extraordinary works already deliberated by the assembly.
Buyers should always request this certificate before finalising a purchase: without it, they risk inheriting debts they were unaware of, since the joint liability under Article 63 applies regardless of what was privately agreed between the parties in the sale contract. Any private agreement allocating expenses differently between seller and buyer is valid between them but does not bind the condominium, which can still turn to whichever debtor is more readily reachable.
For expenses relating to years before the two year window, liability generally remains solely with the owner who held the unit when the assembly approved that expense, and the condominium administrator must pursue that former owner directly rather than the current one.
Managing the handover between administrator, seller and buyer
A clean handover of accounts reduces disputes considerably. Good practice for the condominium administrator includes notifying the change of ownership promptly once notarised, updating the anagrafica condominiale with the new owner's data as required by Article 1130 of the Civil Code, and issuing a clear statement of account showing approved contributions, amounts paid and outstanding balances, split by year, before the sale closes.
It also means keeping a documented trail of when each expense was approved by the assembly, since this date determines whether it falls within the two year liability window, and communicating separately with seller and buyer once the transfer is registered, so that future statements go to the correct current owner while past arrears remain traceable to both.
Why accurate records matter for enforcement
Recovering arrears from a joint debtor works only if the administrator can prove, with dates and assembly minutes, which expenses fall inside the two year period and which do not. Ambiguous or incomplete records weaken the condominium's negotiating position and can delay recovery through the courts.
Software that tracks approved expenses, ripartizioni and payment status per unit and per year, such as AmministraPro, helps administrators produce this evidence quickly and manage the certificate requested by notaries without manual reconstruction of old minutes and invoices.
Frequently asked questions
For how long is a seller jointly liable for condominium expenses after selling their unit?
Under Article 63 of the implementing provisions of the Civil Code, the seller remains jointly liable together with the buyer for expenses relating to the current year and the two years prior to the sale. Expenses approved by the assembly before that three year span remain solely the responsibility of whoever owned the unit at the time they were approved, and the administrator must pursue that former owner directly.
Can the buyer be forced to pay debts the seller never disclosed?
Yes, joint liability under Article 63 applies regardless of private agreements between seller and buyer or of what was disclosed at the time of sale. This is exactly why buyers should request a certificate from the administrator, showing approved and unpaid contributions for the current and prior two years, before signing the deed. If undisclosed debts surface later, the buyer can be asked to pay the condominium and then seek reimbursement from the seller separately.
Does the two year period count from the invoice date or the assembly approval date?
It counts from when the assembly approved the expense, not from the invoice date or when work was carried out. This is a common point of confusion: an extraordinary work invoiced late but approved within the relevant three year span still falls within the joint liability, while an old approved expense invoiced late does not extend the window.
What should an administrator provide when a unit is sold?
The administrator should issue a statement of the unit's account showing contributions approved, amounts paid, and outstanding balances broken down by year, plus any pending extraordinary works already resolved by the assembly. This document, generally requested through the notary handling the sale, is the practical tool that lets buyer and seller understand their respective exposure under Article 63 before the transfer is finalised.
How does software help manage joint liability situations in practice?
Tracking which expenses were approved in which year, and their payment status per unit, is what makes the two year window enforceable rather than theoretical. Management software such as AmministraPro keeps ripartizioni, approval dates and payment records organized per condominium unit, so administrators can produce accurate statements for notaries and pursue joint debtors with clear documentary support instead of manually reconstructing old assembly minutes.
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