THE’art. 1117 cc. identifies the common goods and among them includes the courtyards, which, technically, constitute those outdoor spaces which, in addition to providing air and light to the surrounding buildings, also satisfy the need for access to the public road.
In particular, it should be pointed out that, while it is certainly true that courtyards have the function of providing air and light to the rooms of buildings, it is equally true that the area adjacent to a building, which fulfils this function, it cannot therefore only be classified as a courtyardit being necessary for this purpose that it also has the function of allowing access to the building.
Let’s analyze What are the uses of the courtyard that are not permitted in a condominium? in this article, extracted from the volume Common and exclusive parts in condominiums by Joseph Bordollipublished by Maggioli Publisher.
Parking area
In light of these premises, it cannot be doubted that, if the condominium courtyard is used as a parking areathe request by which a condominium owner asks to connect his exclusive property to the common good by means of a driveway gate to carry out loading and unloading operations of goods with a means of transport, if such activity would not only alter its intended purpose, but would also inevitably compromise its use by the other co-owners, due to the limited space available, precluding them the opportunity to to pass throughOf to accomplish the necessary ones maneuvers and of park their vehicles.
In this case, an easement inevitably comes into being and, therefore, every act in which the use of the common good is actually expressed entails its subjection to a burden, which the condominium regulations do not allow: in fact, the individual condominium owner it is not allowed to establish an easement on the common property for the benefit of one’s own property, being required for this purpose, according to the law‘art. 1059 cc, paragraph 1the consent of all participants.
Opening of accesses, underground tanks, balconies
Condominiums can, for example, oppose at the openingby the owner of a shop with its own entrance onto the public road, of a new access between the back room and the shared courtyard.
Likewise it is not possible to bury a tank of disproportionate size in the courtyard or permanently occupy the same, through the storage of materials, such storage constituting an excess or abnormality in the use of common goods.
Likewise the construction of balconies and hanging rooms is not possible on the common courtyard when, due to their size, they alter the economic purpose of the courtyard itself, reducing the use of the air and light that it is intended to ensure.
Likewise It is not permitted to carry out transformation works on the said property (in this case: roof with veranda), which translate into a prejudice to the utilities that it is intended to bring to the other portions of the building (in terms of ventilation, amenities, views, etc.).
Private work activity, cordoning off spaces and independent pipelines
Furthermore cannot be used for the exercise of theprivate work activity.
So, as it has recently been stated, while the use for the loading and unloading goods it is inherent in the functions of the courtyard, that of housing a machine is not.
And again, without giving rise to the subtraction of condominium area, the cordoning off of condominium spaces is illegitimate implemented by some ground floor condominium owners by placing bollards.
Finally, it is clear that the owner of a building cannot use the common courtyard to create access, by means of appropriate communications, to buildings separate from the condominium and external to the corresponding legal status, nor the condominium owner can install a methane or water pipe there that branches off to another building owned by him, even if the purpose is achieved not with pipes independent of those leading to the building included in the condominium area, but with subsequent derivations from such pipes.
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