Practical guide
Expenses with differing use: how to split them
Some common parts serve all owners, but not to the same extent. For these, Article 1123, paragraph 2, of the Italian Civil Code provides a criterion different from ownership thousandths: the expense is split in proportion to the use each owner can make of the part. This is the typical case of central heating, metered water or the lift, where those living higher up use more. Applying the second paragraph means correlating contribution to actual benefit, not to the ownership share alone. This guide explains when and how to do it, with examples and legal references.
The difference between the three paragraphs of Article 1123
The first paragraph of Article 1123 sets the base rule: expenses split in proportion to the value of each owner's property, meaning by thousandths. The second paragraph introduces an exception based on use: if a common thing is intended to serve owners to a different extent, expenses split in proportion to the use each can make of it. The third paragraph instead concerns parts serving only a group of owners.
The distinction is clear. In the second paragraph the part serves everyone, but with different intensity, so use is weighted. In the third paragraph the part serves only some, so the pool of payers is narrowed. Confusing the two criteria leads to wrong allocations and disputes at the owners' meeting.
Examples of differing-use expenses
The criterion of differing use applies to several recurring items in the condominium budget. In many cases the law or technical standards already indicate how to measure it.
- Central heating, split by actual consumption and the UNI 10200 standard.
- Water metered with subtraction meters for each unit.
- The lift, with the Article 1124 split also linked to floor height.
- Lighting of stair flights used to a different extent by the various floors.
- Lifting systems or booster pumps in relation to the floors served.
The case of heating and the UNI 10200 standard
Central heating is the most regulated example. Where heat metering is installed, the expense splits into a voluntary consumption share, measured by the meters, and a fixed share for installed power and involuntary heat loss. The allocation follows the UNI 10200 standard, referenced by energy efficiency legislation.
The consumption share rewards those who use less and makes heavy users accountable, while the fixed share covers costs that remain even when the system is off. Only where the technical conditions to apply UNI 10200 are missing may the owners' meeting adopt, with the legal majorities, a different allocation criterion.
Stairs and lifts: Article 1124
For stairs and lifts the legislator translated the use principle into a precise formula. Article 1124 provides that maintenance and replacement costs split half by ownership thousandths and half in proportion to the height of each floor from the ground.
In this way those living on higher floors, who use the stairs and lift more, contribute to a greater extent. The ground-floor owner who does not use the lift still owes the thousandth share relating to preservation of the asset, subject to any exemptions in the regulation.
Calculating use-based allocations correctly
Applying the second paragraph requires tables and formulas different from simple ownership thousandths: consumption, floor heights, fixed and variable shares. Handling these calculations by hand invites errors and makes it hard to justify the allocation to owners.
Software such as AmministraPro lets you set up tables by use, by consumption and by floor height, applying the criteria of Article 1123 paragraph 2, Article 1124 and UNI 10200 automatically and repeatably. The features are described on the /funzioni page and the plans on the /prezzi page.
Frequently asked questions
What does a differing-use expense mean?
It is an expense relating to a common part that serves all owners but to a different extent. Under Article 1123, paragraph 2, of the Italian Civil Code it is split in proportion to the use each owner can make of it, not by ownership thousandths alone.
How is central heating split?
Where heat metering exists, the expense splits into a voluntary consumption share measured by the meters and a fixed share for power and heat loss, under the UNI 10200 standard. Absent the technical conditions, the owners' meeting may adopt a different criterion.
Who pays the lift expenses?
Article 1124 splits maintenance and replacement costs of stairs and lifts half by ownership thousandths and half by floor height. Those living higher up contribute more, while the thousandth share remains owed by all co-owners.
Are paragraphs 2 and 3 of Article 1123 the same thing?
No. Paragraph 2 concerns parts that serve everyone to a different extent, so use is weighted. Paragraph 3 concerns parts that serve only a group of owners, so the pool of payers is narrowed. They are distinct criteria and must not be confused.
Do you need software for use-based allocations?
It helps a great deal, because these allocations require tables by consumption, floor height and fixed shares. AmministraPro applies the criteria of Article 1123 paragraph 2, Article 1124 and UNI 10200 automatically: the features are on /funzioni and the plans on /prezzi.
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