When discussing condominium expenses, one of the most debated topics — and often a source of heated disputes among neighbours — concerns the allocation of costs related to the structural parts of a building, such as the roof. A recent ruling by the Court of Avellino (judgment no. 837 of 20 April 2026) provides an important clarification for all those living in a condominium with particular architectural characteristics: when a building has two separate roofing structures, each of which serves only a portion of the building, the related expenses cannot be distributed among all condominium owners, but fall exclusively on those who derive actual benefit from that structure.
The Principle of Partial Condominium: What It Means
The Italian legal system has long recognised the institution of the so-called partial condominium (condominio parziale), governed by Article 1123, third paragraph, of the Civil Code (Codice Civile). In essence, the provision establishes that, when a part of the building is intended to serve only certain condominium owners, the expenses relating to that part shall be borne exclusively by those who make use of it.
This is a principle of substantive fairness: it would be unjust, as well as contrary to the law, to charge all condominium owners for the maintenance costs of a structure that objectively does not concern them. The Court of Avellino, in the ruling under commentary, applied this principle to a particularly instructive concrete situation, reinforcing an already well-established trend in Italian case law (giurisprudenza).
The Specific Case: Two Roofs, Two Distinct Responsibilities
The matter examined by the Court concerned a condominium building structured in such a way as to feature two separate and functionally independent roofs: each of the two covered only a portion of the building, with no structural or functional connection to the other portion.
In such a context, the judge recognised that:
- the covering function is strictly limited to the residential units located beneath each roof;
- condominium owners whose dwellings are not served by a particular roof structure derive no benefit from it, either direct or indirect;
- consequently, the maintenance and repair costs of each roof must be allocated solely among the owners of the units covered by that specific structure.
The Court thus confirmed that, in the presence of these factual prerequisites, an instance of partial condominium is established in all respects, with all the legal consequences that follow in terms of management and allocation of expenses.
Why This Ruling Is Relevant for Condominium Owners
The ruling carries considerable practical significance for those who find themselves having to deal with extraordinary works — or even ordi