Connection with the apartment below
The Cassation has established that a condominium holding theexclusive use of the coverage pavement of the building and which is the owner of the apartment located directly under it can carry out jobs to connect the two spaceslike the cutting of beams and the creation of an opening in the attic.
The story examined by the Supreme Court took the start when a condominium made an opening in the ceiling of his apartment, in order to access directly to the above solar pavement in its exclusive use, with the function of coverage of part of the building; To allow a stable connection between accommodation and solar pavement, the opening (from the dimensions then ascertained and in any case unconscious of about 6 square meters (3,75 x 1.6 mt) was protected with a “glass compass”.
The court rejected the question of a condominium he believed illegal The change made by the defendant. The judge noted that the solar roof covering function was guaranteed by the installed compass, thus excluding the injury of the condominium rights. Subsequently, the Court of Appeal decided differently, condemning the defendant to remove the opening made in the coverage of the building.
The second instance judge showed that the defendant had intervened on common structures without obtaining any authorization. In any case, he noticed that to practice the opening of about 6 square meters in the solar-lastrician roof to access his apartment directly, The defendant had cut some beams of the underlying roof, creating potential risks for the stability of the building. The Court therefore ordered the restoration of the prior state, with works performed in a workmanlike manner.
However, the Cassation supported a different thesis. According to the supreme judges, the installation of an access compass on a sunlight with exclusive use by the condominium does not necessarily determine an alteration of the natural destination of the pavement itself. This compass can continue to perform the coverage function, replacing the original one without changing its primary purpose. Likewise, the removal of some beams does not automatically represent a violation of art. 1102 cc (Cass. Civ., Section II, 10/03/2017, n. 6253). As the condominium has recently been affirmed, which has the coverage of the building in exclusive use and which is the owner of the apartment below it can, where the limits pursuant to art. 1102 cc, connect both by cutting the beams and the creation of an opening in the atticwith above compass, not being able to believe, except inhibiting any intervention on the common thing, that the execution of these works, necessary for the realization of the connection, in itself violates said limits and, having to verify if an alteration of the common thing that prevents its use, such as for example, derives from them, a decrease in the coverage or static safety function of the floor (Cass. Civ., Section II, 27/02/2025, n. 5143).
Checks and communications
It is essential to evaluate in case if the intervention in question involves negative consequences, such as a prejudice to the structural integrity of the buildinga risk for safety, a significant alteration of the architectural decoration, or the compromise of another fundamental characteristic of the building. Each initiative must be carefully analyzed to ascertain any negative impacts on the common good.
In any case, it is essential that it is safeguarded, through adequate works, there Covering and protection function of the underlying structures carried out by the pre -existing coveragethus remaining overall maintained the main destination of the modified asset. A condominium who wishes to perform private works is responsible for compliance with the constraints provided for by the legislation and condominium rules.
In any case it is obliged to inform the administrator of their intentions, even in the absence of a specific discipline for the method of communication. However, it is essential that this information is clear and detailed, so that the administrator can provide the assembly with all the elements necessary to make a decision informed.
