The installation of photovoltaic systems in condominiums is increasingly widespread, but what happens when a single owner occupies more space than necessary on the common roof? The problem was addressed by Tribunal of Trani with sentence no. 66/2025which clarified the limits of use of the common parts in relation to solar systems.

In the specific case, some condominiums sued a neighbor who had installed a photovoltaic system occupying a wider portion of the roof than its ownership sharethus preventing others from doing the same. The judge recognized that the installation violated the right of equal use of the common good and imposed a downsizing of the system, establishing a fair measure for everyone.

But what does this decision mean for those who live in a condominium and want to install solar panels? Is it possible to do it without the consent of others? What rules must be respected to avoid legal problems? Let’s find out together.

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The specific case: when a photovoltaic system damages other people

The case examined by the Tribunal of Trani (sentence no. 66/2025) concerns a dispute between condominiums born from the installation of a photovoltaic system on a condominium roof. Some owners sued a neighbor, claiming that his installation was abusive and harmful to their rights.

According to the actors, the defendant had occupied an excessive space On the common roof, preventing other condominiums from installing similar systems or using coverage in a fair way. Furthermore, it was contested the lack of authorization by the condominium assembly and the violation of some rules of the condominium regulation, which provided for the need to communicate these works in advance.

On the other hand, the defendant defended himself by claiming that his system did not prevent shared roof usebeing a sustainable solution and in line with recent renewable energy regulations. He also contested the request for removal made by other condominiums, considering it excessive.

At this point, the judge had to establish whether the installation conforms to the rules that regulate the use of the common parts in the condominiums and if there had been a violation of the right of other condominiums to use them in equal measure.

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What does the law say on the common parts?

To understand the decision of the Trani court, it is essential to analyze the rules that regulate the use of the common parts in the condominiums. The Civil codein particular theArticle 1102establishes that each condominium can use the common parts as long as it does not alter its destination and does not prevent others from making it the same use.

Article 1102 Civil Code
Use of the common thing

Each participant can use the common thing, it can not alter its destination and does not prevent the other participants from making use of it according to their right. To this end, the modifications necessary for the best enjoyment of the thing can make at its own expense.
The participant cannot extend his right to the common thing to the detriment of the other participants, if he does not carry out suitable acts to change the title of his possession.

In other words, each owner has the right to exploit the shared spaces, but without limiting their use to others. If a condominium installs a photovoltaic system occupying an area that is too wide, effectively preventing others from doing the same, it is configured an abuse of the common good.

In the specific case, the judge also referred to condominium resolutionswhich regulate the use of the roof and foresee the obligation to notify the administrator before carrying out structural changes. In addition, the jurisprudence of the Court of Cassation has been mentioned, which has repeatedly reiterated that the most intense use of a common part is admitted only if it does not affect the other condominiums.

Therefore, the central question was not so much the installation of the system itself, but the failure to comply with the distribution of spaces And the fact that the system prevented others from exercising the same right.

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The decision of the Court: reduction of the plant

The Tribunal of Trani, with sentence no. 66/2025, recognized that the photovoltaic system created by the defendant violated the rights of other condominiumsas it occupied a portion of the condominium roof higher than its ownership share.

However, the judge did not order the complete removal of the systembelieving it was possible an exclusive use of a common good provided that the proportion between the available spaces was respected. For this reason, the Court imposed on the defendant downsizing of the photovoltaic systemreducing it up to 16.7 sqmmeasure indicated by the technical consultant (CTU) as an equitable to guarantee all condominiums the possibility of installing similar systems.

As for the request for compensation for damagesthe court rejected it, claiming that the actors they had not provided enough evidence of concrete economic damage. In the absence of a demonstrable economic loss, the judge considered that It was not possible to have any compensation for the illegal occupation of the common surface.

Finally, on the front of procedural coststhe court has decided to compensate for a third between the parties, while the remainder two thirds they were paid by the defendant, recognized in part responsible for the violation of the condominium rules.