The Abusive changes to the roof of an condominium represent a delicate question, often the cause of disputes between condominiums. The roof, in fact, is considered one common part of the buildingas the Civil Code establishes article 1117. Its main function is to protect the entire building from atmospheric agents, guaranteeing structural stability and living comfort of all condominiums. Precisely for this reason, any intervention on this part of the building must be carefully assessed and authorized by the condominium assembly. We consider the various aspects of the matter.
What is meant by abusive modification
When it comes to illegal modification, reference is made to interventions carried out without the consent of the Assembly or without respecting the current regulations. Among the most common cases there are the opening of skylights or downsthe creation of terraces or elevations, or the installation of antennas or solar panels without the necessary authorizations. Even changes that, although small, alter the aesthetic aspect of the building or compromise the functionality of the roof, fall into the category of abuses.
What does the law say
The law, in particular article 1102 of the civil code, allows each condominium to use the common parts, but with a precise limit: must not alter their destination or prevent others from enjoying them in the same way. In addition, article 1122 expressly prohibits carrying out works that can damage the building or affect the enjoyment of the other real estate units. Therefore, interventions that modify the structure or appearance of the roof always require the Consent of the Assemblecondominium.
Possible consequences for illegal action
The consequences for those who make an abusive modification are not limited to alone Restore obligation. From a civil point of view, the condominium can also be sentenced to compensation for damages caused to the other condominiums or the building. On the administrative level, moreover, they could be applied pecuniary penalties for violations of building and urban planning regulations. In the most serious cases, when the intervention compromises the safety of the building, criminal offenses can be configured, such as damage or danger to public safety.
The actions of the other condominiums
In the event that a change is made without authorization, the other condominiums have the Right to ask for restore of the original state. This obligation has been reiterated several times by the jurisprudence, which underlined how no condominium can arrogate the right to intervene on the common parties without the consent of the assembly. The Court of Cassation, for example, with sentence no. 27154/2018, has established that any alteration of the covering of the building requires the approval of the assembly and, otherwise, the manager must report the roof to its original state at your own expense.
In addition, condominiums can act legally both in civil seat That administrative. In civil, they can promote judicial action to obtain the inhibitory of illegal works and compensation for any damage suffered.
In the administrative field, they can report abuse to the competent authorities, such as the Municipality or the technical office, which can impose penalties and order the restoration. Finally, the condominium administrator has a duty to protect the interests of the condominium community, reporting any abuse and convening the assembly to decide the actions to be taken.