Interventions on the condominium landing: what is allowed and what is prohibited

Use of the landing by the single condominium

The single condominium of a building has the right to use stairs and pianormtar roomsas well as install artifacts or perform works, However, without forcing other uncomfortable condominiums or dangerous movementswith consequent violation of the fee according to which the use of the common thing, by a condominium, must not prevent the other participants in the condominium a tendentially equal use of the same thing.

Railing on the landing

There installation of the infantry in the stairs It is to be understood as an intervention relating to the adoption of measures aimed at protecting themselves from the danger of intrusions. The railing installed by a condominium was recently considered legitimate, consisting of a structure with an opening at 90 degrees on the staircase compartment, but placed on the wall of relevance of the applicant and without any protrusion compared to the door compartment. The realization did not involve violation of the decoration as they have been used forms and decorations compatible with the style of the building and with chromatic shades similar to those already present in the door compartment (Court of Catania January 8, 2025, n. 121).

The Cassation stated that the affixing of a gate of easy opening in front of the door of its real estate unit belonging to a condominium, does not configure bare or harassment but constitutes a legitimate act falling within the faculties of the compossesisince the subjective reasons that have pushed the condominiums to the location of the gate is completely irrelevant. In the case subject to the attention of the Supreme Court, it emerged that the gate did not cause significant impairment to the passage of the potential customers of the applicant (Cass. Civ., Section II, 28/01/2015, n. 1584). In this case, it is clear that the conduct held by the “installer” condominium does not integrate a bare, nor a harassment in the possession of the common landing landing on which the gate insists in question, not preventing the free passage to other condominiums, nor by causing any type of limitation to the use of the landing from which it is necessary to pass in order to access the upper floors.

This principle is indisputable if the gate opens by leaning against the wall on the left and remains stationary, a circumstance confirmed by the fact that no condominium has ever reported a defect of the artifact in question (Ferrara Court of 5 February 2020, n. 59). In any case, it must be considered that these defensive structures are installed to protect private propertyor For only reasons of safety of one’s homeon the basis of articles 832 and 833 cc (which allow the owner to arrange in a full and exclusive way of things) and theArticle 42 of the Constitution (who protects the right of ownership).

Not Instead, in the faculty of each condominium to use the common thing the common thinginstallation of an armored gateto protect the entrance to your apartment, When the gate opens towards the landing of the common scalesignificantly reducing its usability with its own dimensions in the case of opening (Court of Catania 3 February 2003). In this perspective, the Cassation has dismissed the sentence for failure insufficiency which, in considering the closure by some condominiums legitimate, through an unlitched door, of the landing in correspondence with the apartments of their exclusive property, had limited itself to defining The impairment to the enjoyment of the common thingwithout specifying – in relation to the location, size and structure of the artifact – the nature and extent of the concrete decrease in the faculties due to the other condominiums according to the natural destination of the common good, also had regard to the decor of the building (Cass. Civ., Section II, 22/07/2005, n. 15379).

Masonry and landing works

THE’Opening of a new door on the condominium landingin the compartment in which the pipes intended for condominium services pass, it is to be considered more intense use of the common thing To the extent that it does not exceed the limits placed by the rule referred to in art. 1102 cc (Court of Rome 10 May 2022, n. 7159). This principle is even more founded if the opening of a new door has not compromised the use of other condominiumssince no reduction in lighting has been demonstrated, nor any alteration of the destination or decoration of the building (Court of Civitavecchia January 28, 2022, n. 132).

According to the Court of Cassation, however, illegitimate the opening of a passage practiced by a condominium (User of the Scala B) In the wall of the condominium building in order to put the apartment of its exclusive property in communication with the landing of the other scale (scale a) of which he is not the owner and destined to serve another part of the building; In fact, this use entails the imposition on the asset, the subject of partial condominium, of a weight that gives rise to one servitude in favor of an external real estate unit to the limited joint impact of it, with consequent alteration of the destination of the common thing (Cass. Civ., Section VI, 22/11/2021, n. 35955).

It is not even legitimate to rise in the level of the trampling plane of the plains condominiums due to which, within the real estate units of other condominiums, numerous occur flooding, involving large damage of a patrimonial nature. The Court of Appeal of Genoa (judgment of 4 November 2024, n. 1314) stated that it is not to be considered lawful Not even the modification of the last ramp and the balconydemolishing them in full and reconstructing two new ramps and a new landing. All with wooden structure. This work, in fact, is typologically the characteristics of the original stairs (plaster and painting).