How the common areas of a condominium are divided

When you buy an apartment in a condominium, you become co-owner of a series of shared spaces and systems. Understanding what they are, who they belong to and how the expenses are divided prevents many conflicts and surprises on your bills. This guide sets out the general principles governing the matter, valid throughout Italy, with a few notes on situations that are common in Umbria's historic centres such as Todi, where ancient buildings and unusual property divisions can complicate the picture.

What is meant by common areas

The Italian Civil Code identifies the parts of the building which, unless otherwise stated in the deed of purchase or the condominium regulations, are presumed to be common to all the unit owners. This category normally includes the land on which the building stands, the foundations, the load-bearing walls, the roof and flat roofs, the staircases, the entrance doors, the corridors and entrance halls, the lifts, the rooms housing shared services (boiler room, meter room), the shared courtyards and gardens, as well as the water, electrical and heating systems up to the point where they branch off towards the individual residential units.

• Land, foundations and load-bearing structures
• Roof, flat roofs and terraces for common use
• Staircases, landings, entrance halls and front doors
• Lifts and their shafts
• Courtyards, gardens and shared parking areas
• Centralised systems (heating, water, lighting in common areas)

The role of the condominium regulations and the deed of purchase

The list set out in the law is a presumption: it can be modified by the contractual condominium regulations (those attached to the deeds of sale and approved by all the owners) or by the deed of purchase itself. This means that a courtyard indicated as a common area in the deed of an apartment remains common even if someone uses it exclusively, unless the deed expressly assigns ownership to a single party. Before buying, it is always advisable to read the regulations carefully and check the cadastral floor plans, because in historic centres — as is often the case in Todi and in many Umbrian villages — property divisions frequently reflect private agreements dating back decades.

How expenses are apportioned

The expenses for the upkeep and enjoyment of the common areas are divided among the unit owners in proportion to the value of their property, expressed in thousandths (millesimi). The millesimal tables are attached to the regulations and indicate each apartment's share of the value of the entire building. There are normally several tables: a general one for ownership, and specific tables for staircases, lifts or heating, which take actual use into account.

A practical example: expenses for the roof are normally apportioned among all the unit owners according to the general tables, because the roof protects the entire building. Expenses for a lift, on the other hand, may exclude those living on the ground floor, if the regulations or the law so provide. In the case of extraordinary works — refurbishment of the façade, structural consolidation — the owners' meeting resolves with the majorities required by law, and the expense is always apportioned according to the millesimal shares.

Exclusive use of common areas and the right to build upwards

Some common areas can be assigned for the exclusive use of a single unit owner without transferring ownership: this often happens with private courtyards, individual garages or flat roofs accessible from a single apartment. Whoever has exclusive use of a flat roof, for example, contributes a larger share of the maintenance costs than the other unit owners, precisely because they benefit from it directly. The right to raise the building, on the other hand, generally belongs to the owner of the top floor, but it requires compliance with technical conditions and the consent provided for by law, in addition to municipal planning permissions.

Amending the millesimal tables

The millesimal tables can be rectified when they prove to have been incorrect from the outset or when the condition of the building changes significantly — for example following the merger or subdivision of property units. The revision requires a resolution of the owners' meeting with a qualified majority or, in the case of an original error, it can also be carried out through the courts. Before starting any procedure, it is advisable to consult a qualified surveyor and, for the contractual aspects, a notary or a specialised lawyer.

If you are considering purchasing a property in a condominium in Todi or in the surrounding Tuderte area and want to understand how the building is structured, what expenses to expect and whether the millesimal tables are in order, our team is available for an initial consultation: we know the local building stock well and can guide you even before you schedule an appointment with the notary.