The management of a condominium It is not simple and it can happen, especially in large situations, that some owners feel the need to “separate” themselves from the previous condominium.
But it is possible that a group of owners can request and obtain the separation of their units from the others by creating a autonomous?
This does not refer to the simple detachment of an apartment from the central heating – which we discussed in a previous article on IlGiornale.It – , but to make the portion of a building autonomous with respect to the condominium; therefore the procedure is not simple.
Let’s see how it works.
How it works and what happens
In order for a portion of a building to be separated from the previous condominium, it is not enough for the division to materialize in a simple administrative autonomy but it is necessary that the portion of the property that requires the “separation” actually has all the structural features from a stand-alone building, including a entrance and independent systems and other specifications that allow for its effective detachment from the main building.
This possibility is established by articles 61 and 62, paragraph 1, of the implementing provision of the Civil Code (which came into force with the condominium reform) which provide that “if a building or a group of buildings belonging to different owners on different floors or portions of floors can be divided into parts that have the characteristics of autonomous buildings, the condominium can be dissolved and the co-owners of each part can form a separate condominium“.
The dissolution must be approved by the assembly with a majority of those present or in any case representing at least half of the value of the entire building (500 thousandths).
It is expected, however, that following the division, common assets pursuant to art. 1117 of the Civil Code remain for all the original participants. This condition, however, is highly debated even if the Court of Rome has tried to clarify it, with the sentence n. 9914 of last June 10.
If the dissolution is not deliberated, it may be the court or define its division following a request made by at least one third of the co-owners of that part of the building for which separation is requested.
In this case, an expert assessment will be necessary. C.T.U. (Technical consultant), that is, the report drawn up by the technician appointed by the judge who is a third party with respect to the parties in dispute (the exiting condominium and the applicant for the new condominium); through the
The expert report will accurately describe the state of the premises in order to provide the judge with all the structural, technical and architectural elements necessary to be able to decide on whether or not the detachment can be implemented.