Differences between exclusive rights over the apartments and rights over buildings
Please, explain briefly but as clearly as possible the scope of the rights relating (exclusively) to the apartments and the ones relating to the building or to the communal elements owned jointly.
The horizontal property right includes the right of individual ownership over one (or more) of the units that compose the building and the joint ownership of the common parts of the building.
The legal status of the property, in horizontal property regime, is defined by its title, which must be specified, necessarily, parts of the building corresponding to the various fractions so that they are properly secured individualized and the relative value of each fraction, expressed as a percentage or percentage share of the total value of the building.
Under paragraph 1 of Article 1421 PPC are necessarily common the following parts of the building:
a) The soil and the foundation, columns, pillars, walls master and all the remaining parts constituting the structure of the building.
b) The roof or roof terraces, although intended for use in any fraction.
c) The entrances, halls, stairways and corridors or passage common to use two or more joint owners.
d) General facilities of water, electricity, heating, air conditioning, gas, communications and the like.
Moreover under paragraph 2 of the same Article, whenever the title does not states otherwise, are presumed to be common parts:
a) The courtyards and gardens attached to the building.
b) The lift.
c) The premises intended for residential use and the doorman.
d) The garages and other parking spaces.
e) In general, things that are not allocated to the exclusive use of one of the joint owners.
The title can allocate the exclusive use of certain areas of the common parts to a joint owner.
As a rule, the title of the horizontal property regime can only be modified by public deed or private document authenticated, with agreement of all joint owners (Article 1419 PCC). Pursuant to paragraph 1 of Article 1422-A PCC is not required authorization of the other joint owners to join, in one, two or more units of the same building, provided they are contiguous.
Unless otherwise stated in the title, the expenses necessary for the preservation and enjoyment of the common parts of the building and payment of services of common interest are paid by joint owners in proportion to the value of its fractions (Article 1424 PCC).
