To whom does the attic belong?
The issue concerning the attic is still a heated debate among the insiders.
The opinions are many and all contrasting. I followed a lecture by the notary Gatti of Omegna on this theme, she identify two main orientations:
- If it is a room intended exclusively to serve as protection of the apartment on the top floor, it is relevant and must therefore be considered the exclusive property of the owner of the last floor.
- It should instead be counted among the common parts if it can be used, even only partially, for common uses, in which case the presumption of communion must be applied.
Both definitions refer to the decision of the Italian Court of Cassation n. 7764 of 20/07/1999.
Another similar sentence, of the same year, has the same concept in other words “The attic of a building can be considered pertinence of the apartment located on the top floor only when it performs the exclusive function of isolating and protecting the apartment itself from hot, from cold and humidity, through the creation of an air chamber, not even when it has dimensions and structural characteristics to allow it to be used as an autonomous compartment, in which case it must be assumed condominium property if it is concrete, is also in a potential way, objectively intended for common use or for the exercise of a service of common interest”.
Here I referred to the sentence of the Italian Court of Cassation n. 4266 of 28/04/1999. Concepts, however, referred to in the judgment of the Italian Cassation no. 17249 of 12/08/2011 and sentence of the same Court n. 19094 of 10/09/2014, as well as the more recent sentence no. 11184 of 08/05/2017 (all sentences available online, can be downloaded in pdf at the bottom of this page, of course they are in Italian).
The Court of Bologna has the same opinion, with a sentence issued on 29/07/1996 which states “in the absence of a different express provision of the title, the attic compartment must be considered pertinence of the apartment of the last floor only if it absolves exclusive function of isolating and protecting the apartment itself, while in any other case it is condominium property. “
Summing up what has been said up to now the attic:
– if intended for common use, even if only potentially (such as drying rack, attic, etc.) it has a shared use.
– if it serves to isolate and protect the underlying apartment from heat, cold and humidity (the so-called inner tube) belongs it is private, of the owner of thelat floor apartment.
It happened to me that they asked me who was the owner of the attic in the case of sale of a semi-independent property, obviously in that case, there being no condominium or co-owners or areas of communion, nothing quaestio: when the house, and goes from the earth up to the sky , is a single property, even the attic is to be considered private.
For any information about the process of buying a house in Italy, write to me email@example.com, I will be happy to answer your questions.
Alice – www.ortalloggi.com
- “Condominio e destinazione del sottotetto: le tendenze della giurisprudenza consolidata di merito e di legittimità” di Alessandro Ludovici
- Sentenza della Corte di Cassazione n. 11184 del 08.05.2017
- Sentenza della Corte di Cassazione n. 233 del 11.01.2016
- Sentenza della Corte di Cassazione n. 19094 del 10.09.2014
- Sentenza della Corte di Cassazione n. 12046 del 17.05.2013