Applicable Law

1.    In your national system, do you have an arrangement which broadly follows that description? If so, what is it called in your language(s)? Please describe it in this factsheet.

In Italy we have an arrangement, called condominio, that applies to buildings  containing  a number of flats or apartments each of which has a different owner.

A condominio exists when in a building there are at least two units exclusively used by individual owners and common areas jointly owned and used by the units owners.

The specific rules concerning Condominium become operating as a consequence of such a circumstance.

A list of common areas is provided by art. 1117 of the Italian Civil Code.

According to jurisprudence, this list is not exhaustive.

As a general rule, an area is considered common when it  serves two or more units having different owners. This connection, called instrumental, produces a co-ownership on those parts, unless an agreement states differently. As a consequence, in a condominium there can be areas common to all units and areas only common to some. This is called by the judges partial condominium.

2.    If your national system does not have an arrangement like that, or if it does, but also has a different arrangement which is commonly used to govern the ownership of apartments, please also describe, in this fact sheet, the arrangements commonly used.

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3.    In your national system, which laws or regulations rule the arrangements you describe (or are relevant for them)?

(If possible, provide some means to access the content of the applicable law, either through a link or adding annexes with this legislation, better in English)

The Civil Code contains the rules of condominium in buildings (art. 1117-1139; art. 61-72 Disp.Att. C.C.); these rules – recently amended by the Law 11 December 2012, n. 220 – govern the maintenance of the building as a whole, the ownership of parts jointly used by the different owners, and the relations between the different owners.

Jurisprudence is important, too, as a frequent source of regulation of specific  cases.(see annex  a) and b) )