Legal distances between buildings are a fundamental aspect of real estate law, especially in condominium contexts, where space is often limited and proximity between properties can generate conflicts.
The regulations regarding legal distances aim to protect the rights of condominium owners and ensure peaceful coexistence.
But what are the minimum distances required by law? What rules apply to balconies, windows and accessory structures? Let’s see it together to clarify any doubts and learn more about your rights and duties.
Advertisement – Advertising
The reference legislation: the Civil Code and local regulations
In Italy, legal distances are mainly regulated by the Civil Code, in particular in articles 873 and following, which establish the minimum distances between buildings and openings towards other properties.
Article No. 873
Distances in buildingsConstructions on finished foundations, if they are not joined or adherent, must be kept at a distance of no less than three metres. A greater distance may be established in local regulations.
For example, Article 873 establishes that the minimum distance between two buildings it must be three metresexcept for more restrictive local regulations. Municipalities, in fact, have the power to issue urban planning regulations which often establish greater distances, especially in densely populated urban contexts.
It is therefore essential to consult the building regulations of your municipality, which may provide for more stringent constraints than the Civil Code.
Advertisement – Advertising
Distances between balconies, windows and other openings
One of the most common aspects of dispute concerns the distance between balconies and windowsespecially in condominiums where these structures often face a short distance from each other.
Article 905 of the Civil Code establishes that windows cannot be opened unless complying with a minimum distance one and a half meters compared to the neighboring property. This rule also applies to windows facing onto a balcony or terrace.
Article No. 905
Distance for opening direct views and balconiesDirect views cannot be opened towards the closed or unclosed bottom or even onto the neighbor’s roof, if there is not a distance of one meter between the bottom of the latter and the external face of the wall where the direct views open. half.
Likewise, it is not possible to build balconies or other projections, terraces, flat roofs and the like, equipped with a parapet that allows you to overlook the neighbour’s property, if there is not a distance of one and a half meters between this property and the external line of said works.
The ban ends when there is a public road between the two neighboring lands.
Furthermore, local regulations may provide additional restrictions, such as limits for the construction of parapets or the construction of shelters, to protect the privacy of condominiums.
Advertisement – Advertising
Distances for constructions inside the condominium and renovations
In the condominium context, the distances between buildings do not only apply to new buildings, but also to renovation works involving common or private spaces overlooking other apartments or internal courtyards.
It is important to consider that, according to the Civil Code, it is not possible to carry out interventions that compromise the stability, safety or aesthetics of the building without the authorization of the condominium.
Additionally, modifications such as the construction of new walls or partitions, even within private units, may be subject to specific regulations.
These rules aim to preserve privacy and prevent new constructions from altering the established minimum distances.
Advertisement – Advertising
Distance from property lines and right of view
The right of view It is another fundamental aspect to consider in condominium legal distances. According to the Civil Code, the right of view allows a condominium owner to look out and look beyond his own property, but this right is subject to minimum distances.
In particular, article 907 of the Civil Code establishes that it is not possible to open windows or balconies unless respecting a distance of one and a half meters from the boundaries of other people’s property.
Article No. 907
Distance of buildings from viewsWhen the right to have direct views towards the neighboring property has been acquired, the owner of this property cannot build at a distance of less than three metres, measured in accordance with the art. 905.
If the direct view also forms an oblique view, the distance of three meters must also be observed from the sides of the window from which the oblique view is exercised.
If you want to lean the new construction against the wall where the said direct or oblique views are, it must stop at least three meters below their threshold.
This limit is intended to guarantee respect for privacy and to prevent anyone from directly looking into other people’s property. The same distance must be respected for any building works that may obstruct the view.
Advertisement – Advertising
The role of condominium regulations and meetings
The condominium regulations represent a fundamental resource for understanding distances and rules within the condominium. Often, in fact, the regulation integrates the provisions of the Civil Code with specific rules regarding the use of common areas, such as courtyards, terraces and facades.
In many cases, to start works that involve structural changes, it is necessary to obtain the consent of the condominium assembly.
The resolutions of the assembly are binding and represent an essential tool to avoid conflicts and clarify any doubts about the distances to be respected.
Exceptions and changes to distances: when is it possible?
The minimum distances are generally mandatory, but there are cases in which the condominium regulation or an agreement between the parties may provide for exceptions.
For example, if all condominiums agree, you can change the distances to facilitate the construction of new structures or renovations. However, it is essential to formalize these agreements in writing and verify their compliance with municipal regulations.
In the event of disputes, it is always advisable to contact a lawyer expert in condominium or urban planning law, as changes to distances can become the cause of disputes.
Advertisement – Advertising
Sanctions and consequences for failure to respect distances
Failure to comply with legal distances can result in various legal consequences, including the obligation to demolish structures that violate the restrictions.
If a construction is built closer than what is required by the Civil Code or municipal regulations, condominium owners can request the restoration of the original conditions through legal action. In addition, the person responsible may be subject to financial sanctions established by the Municipality.
It is therefore important, before undertaking any construction work, to carefully evaluate the applicable regulations and consult a technician or surveyor to avoid non-compliant interventions.
Advertisement – Advertising
Differences in distances for temporary works
Even temporary works, such as theinstallation of scaffolding for renovation work, they must respect certain legal distances. In particular, the positioning of scaffolding may require the authorization of neighboring condominiums if it extends beyond the limits of your property.
For this reason, it is common practice to obtain the consent of neighbors before starting work.
In addition, Municipalities can issue temporary authorizations to allow building interventions that deviate from the minimum distances, provided that safety conditions and health and hygiene standards are respected.
It is therefore essential to evaluate the temporary nature of the work and the regulatory context in which it is inserted.
