Difference between flat roof and terrace
Per terrazzo generally meant the roofing of a condominium building surrounded by railings or walls that allow the view.
The roof terraces differ from the cd condominium flat roof.
The definition of flat roof includes the portion of the roof, fully walkable, which usually houses the installation of antennas or solar panels.
In other words, the flat roof is the flat roof that acts as a roof from which it differs since usually the latter has a sloping shape or, in any case, difficult to walk on or usable.
Another type of terrace is the level terrace which looks like a large balcony for the single owner but at the same time acts as a flat roof for the other condominiums.
Renovation of the condominium terrace who pays?
To answer this question, a preliminary consideration must be made regarding the ownership of the roof terrace and the use of this portion of the condominium building.
In general, the roof terrace is considered a common part, pursuant to art. 1117 cc, with the consequence that, in this case, it means a condominium terrace.
Who pays for the renovation of the condominium terraces?
Given the ownership common to all the individual owners of the condominium terrace, the logical consequence is that the relative cost of the terrace renovation is shared, pursuant to art. 1123 cc, among all condominiums, including any shop owners located on the street level, based on the calculation of thousandths of the terrace.
For the sake of completeness, it should be noted that similar conclusions are reached in the case of a roof and roof of condominium ownership.
The sharing of the common flat roof costs follows the general rule and, therefore, is divided among all the condominiums.
Refurbishment of condominium terraces for exclusive use and distribution of terrace costs
If shared ownership of the terrace is the general rule, there may be cases where there is a condominium terrace for exclusive use.
It is a condominium terrace, i.e. a terrace owned by the individual condominiums but used by only one condominium.
In this case, unless otherwise stated in the condominium regulation, for the distribution of the cost of the terrace renovation, the provisions of Article 1126 of the Civil Code apply, pursuant to which, the condominiums who have the exclusive use they are required to contribute one third in the cost of repairs or reconstructions of the pavement.
The remaining two thirds are borne by all the condominiums of the building, in proportion to the value of the floor or the portion of the floor of each.
Breakdown of expenses for the renovation of a private terrace
Another hypothesis to be evaluated concerns the private terrace in condominium.
In such cases, despite the aforementioned different function with respect to the condominium terrace, the roof terrace of the building owned exclusively by a condominium, is equated to the flat roof.
It follows that the provisions of the aforementioned art. 1126, so that the condominiums, for which the level terrace acts as a cover, are required to contribute to the costs for its maintenance to the extent of two thirds and one third by the owner of the exclusive use.
The obligation to contribute for the renovation of the private terrace does not therefore derive from the sole quality of condominium, but from being the owner of an apartment located in the vertical projection of the pavement to be repaired, with the consequent exclusion of condominiums whose real estate portions the pavement does not is superimposed (Cass., n. 7472/2001).
Roof terraces and non-condominium flat roof
Having clarified the general criterion for the distribution of the costs for the renovation of a private terrace, it should be noted that, pursuant to art. 1126 cc in addition to the costs of reconstruction and maintenance of the roof, also the costs necessary for ancillary works, such as the reconstruction of the flooring and the parapet, transport of debris, external coating of the fencing walls of the level terraces, as part of the of the facade (Cass., n. 11449/1992).
On several occasions, the jurisprudence, albeit with a wavy orientation, has established that the repair or reconstruction costs of the terrace in exclusive use, which must be shared among all the condominiums, are only those that have a causal connection with the roofing function.
This means that the cost of renovating the terrace, where it is not used to cover the building, it remains the sole responsibility of the exclusive owner.
This includes the costs for the parapets, which are borne only by the owner of the right of exclusive use on the pavement, given that they are used not for the roof but for the practicability of the terrace, allowing it to be overlooked (Cass., No. 2726 / 2002; Cass., N. 2651/1961; Court of Salerno, 10 November 1989), or the expenses necessary for moving objects or plants present on the terrace of exclusive property, even if this movement was necessary to proceed with the restructuring of the same (Court of Milan, December 6, 2003).
Infiltration from the condominium terrace: who pays?
A frequent case in condominium contexts and often a reason for doubts and discussion, especially for issues relating to the distribution of expenses, concerns infiltrations from the condominium terrace.
Expenses for the infiltration terrace repair they are divided according to the criteria indicated in art. 1123 cc and following of the civil code art 1126: infiltrations from condominium terrace, or condominium property, are borne by all condominiums, divided according to the thousandths of ownership.
In the event of infiltration from a private terrace into a condominium, the provisions of Article 1126 of the Civil Code apply.
This principle has been confirmed on several occasions by the Court of Cassation, which has stated that the owner or user and the other condominiums are liable for damage from infiltrations of the terrace above, according to what is established by the civil code article 1126, i.e. the condominiums to which the terrace serves as a cover, in proportion of two thirds, and the owner of the superficial property or exclusive use, due to the other utilities to the extent of the residual third (Cass., SS. UU. n. 3672/1997).
And who pays for terrace waterproofing?
Similar considerations must be made with reference to the distribution of the costs to make the terrace waterproof: all condominiums respond according to the ownership of the condominium terrace.
Renovation of the condominium terrace, ordinary or extraordinary maintenance
To frame the interventions concerning the terrace in the context of ordinary or extraordinary administration works, it is necessary to have regard to the specific concrete case.
In fact, it is not possible to establish a priori whether all the renovation of the terrace always falls within the scope of the extraordinary or ordinary maintenancebeing necessary an evaluation of the single job and of the specific urgency.
In any case, it is possible to state that, in most cases, the renovation of the terrace, such as in the specific works for the infiltration of rainwater from the condominium roof and roof terrace flooring fall into the category of extraordinary administration.
Renovation of the condominium terrace fiscal detraction
The renovation of condominium terraces or condominium terraces for exclusive use, in most cases represents an important opportunity, as it also allows a considerable saving in taxes.
In recent years, the tax legislator has shown particular dynamism in this sense, providing for a large series of tax deductions for interventions that generally concern the housing sector.
These interventions also include the renovation of condominium terraces.
Currently, it is possible to deduct the renovation of terraces from income taxes, taking advantage of various tax incentives commonly known as renovation bonus, eco-bonus and green bonus.
As is known, the restructuring bonus allows for a deduction of up to 36% of the expenses relating to interventions falling within the extraordinary administration in private contexts and ordinary administration, if the work is carried out in common parts of condominium buildings.
Terrace renovation interventions can also benefit from the eco-bonus tax deduction when the works involve an improvement from an energy point of view (terrace waterproofing deduction) or green bonus if on the terrace above the apartment verde of private uncovered areas of existing buildings.
Source: LAVORINCASA.it by www.lavorincasa.it.
*The article has been translated based on the content of LAVORINCASA.it by www.lavorincasa.it. If there is any problem regarding the content, copyright, please leave a report below the article. We will try to process as quickly as possible to protect the rights of the author. Thank you very much!
*We just want readers to access information more quickly and easily with other multilingual content, instead of information only available in a certain language.
*We always respect the copyright of the content of the author and always include the original link of the source article.If the author disagrees, just leave the report below the article, the article will be edited or deleted at the request of the author. Thanks very much! Best regards!