The entrance door of an apartment is a fundamental element, not only for safety, but also for the aesthetic of the entire condominium. However, those who live in a shared building cannot act in total autonomy, since the entrance door is considered an element that can influence the decor of the building and the common parts.
But how far is it possible to replace the door without violating the condominium regulation? What are the limits imposed by the legislation?
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Is the front door a private or condominium part?
When it comes to condominiums, one of the most debated issues concerns the distinction between private properties and common parts. The entrance door of an apartment is a peculiar element because, despite being exclusive access to a single real estate unit, it also has an aesthetic impact on the shared areas of the building.
According to theArticle 1117 of the Civil Codethe common parts of a condominium include elements such as facades, stairs, seedling and, in some cases, architectural elements that affect the aesthetics of the building. However, the entrance door of an apartment is part of the individual property of the condominium, which means that the latter has the right to replace it, as long as they respect some limitations.
Italian jurisprudence has clarified several times that the entrance door has a double nature:
- Internal part: belongs exclusively to the owner of the apartment, which can modify it without having to obtain condominium authorizations.
- Outside: visible from the common parts and subject to compliance with the architectural decoration of the building.
But what does it mean to respect the architectural decoration?
The concept has been repeatedly reiterated by the Court of Cassation, which stated that any changes visible from the outside must be harmonious with the rest of the building and not alter its overall appearance (Cassation n. 19147/2017). This means that a condominium It cannot install a completely different door from those already presentfor example by choosing a bright color or a material that clearly contrasts with the rest of the structure.
If the condominium regulation It does not provide specific limitations, in theory the owner can replace the door without authorizations. However, if the new door alters the aesthetics of the building, the other condominiums could contest the change and, in some cases, request the removal of the door not compliant by legal action.
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What are the limits for the change of the door?
Although the entrance door is privately owned, its replacement is subject to precise limitations established by law, by the condominium regulation and, in some cases, by the assembly resolutions. These limits serve to ensure that any modification does not compromise the aesthetic harmony of the building or creates safety problems for other condominiums.
Here are the main constraints to be considered before proceeding with the change of the door:
Respect for the architectural decoration
As mentioned above, the aesthetics of the building is protected by current legislation and interpretations of the Court of Cassation. If the condominium has uniform entrance doors for materials, colors and design, a condominium cannot install a completely different door, such as:
- A polished metal door in a condominium with wooden doors;
- A bright or contrasting color with the other doors of the building;
- A modern design In a historic building with classic style doors.
A change too evident could be contested by the other condominiums, which could contact the condominium assembly or undertake a legal action to restore the uniformity of the building.
Requirements of the condominium regulation
The condominium regulation It may contain specific provisions on the characteristics of the entrance doors.
There are two types of regulations:
- Contractual regulation: If the regulation has been accepted by all condominiums at the time of purchase, its prescriptions must be respected. If, for example, it requires that all the doors are in solid wood of a certain color, it is not possible to install a different one without authorization.
- Assembly regulation: If the regulation has been approved by the Assembly with the simple majority, it may contain general indications on the decoration, but it cannot impose too restrictive constraints for individual owners without their consent.
Before proceeding with the change of the door, it is therefore essential Check whether the condominium regulation contains restrictions on the matter and if these restrictions are binding.
Need for an assembly resolution
In some cases, the replacement of the door may require formal approval from thecondominium assembly. This happens when:
- You want to modify the size and shape of the door (for example, by expanding the entrance);
- The material of the new door is very different compared to the existing ones;
- The installation of the door could affect the safety of the common areasfor example if the addition of a particular closing system that could interfere with the fire safety or the accessibility of the building is expected.
If the assembly denies the authorization for valid reasons and the condominium proceeds with the modification, the other residents can act through legal ways asking for the restoration of the previous state.
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When does the condominium authorization need?
The replacement of the entrance door to an condominium does not always require a formal authorization, but in some specific cases the condominium is obliged to obtain the green light of the assembly or administrator. The need for an authorization essentially depends on two factors: the degree of aesthetic modification and the impact on safety.
Let’s see in detail when it is possible to proceed freely and when, on the other hand, it is necessary to obtain the consent of the condominium.
Situations in which no authorization is needed
The condominium can change the entrance door without having to ask for any permission When:
- The new door has it same aspect of the previous one (same color, material and design).
- The change concerns Only the internal side of the door, which is not visible from the common parts.
- The condominium regulation does not impose restrictions details on the design of the doors.
- The new door does not alter the safety of the building (for example, it does not create obstacles in the event of an emergency).
In these cases, since it is an intervention that does not alter the aesthetic of the building nor interferes with safety, the owner can proceed independently for the replacement without any obligation to communicate to the condominium.
Situations in which condominium authorization is needed
In some circumstances, the modification of the door requires The approval of the condominium assembly or at least the consent of the administrator. This happens when:
- The new door model changes the external appearance compared to the other doors in the condominium. If the color, the material or the design are visibly different, it may be necessary to obtain an authorization to avoid problems related to architectural decoration.
- The size or shape of the door are modified (For example, by widening the entrance or replacing a single door with a double). In these cases, the modification can affect the common parts of the condominium, making a preventive consensus necessary.
- The installation of the new door can have an impact on safety. If the door has particular characteristics, such as an automatic closing system or a greater footprint that could hinder the exit in the event of an emergency, the condominium can ask for technical checks before authorizing the change.
- The condominium regulation provides for specific restrictions. In some cases, the regulation establishes that any changes to the entrance doors must be agreed with the administrator or discussed at the assembly.
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What happens if you change the door without authorization?
If a condominium decides to change the entrance door without respecting the condominium rules or without obtaining the necessary authorizations, different consequences may occur. The other condominiums could contest the modification, especially if it alters the aesthetic of the building, and request the restoration of the previous situation.
Furthermore, the administrator of the condominium can send an official warning to the owner, inviting him to conform to the regulations provided for by the condominium regulation or the assembly resolutions.
In case of non -response or refusal to change the door, the condominium could start a legal action, addressing the judge to obtain the removal of the non -compliant door. There are also cases in which the regulation provides for economic sanctions for those who violate the condominium provisions, imposing a fine or other administrative measures.
To avoid these problems, it is always advisable to inquire in advance of the rules in force and, if necessary, ask for a formal authorization before proceeding with the replacement of the door.
