Thermal coatings in condominiums and problems related to the reduction of balconies

Yes to the reduction of the balcony in the event of a thermal insulation system in a condominium

If an advantage for all the condominiums derives from the thermal coat, there is no damage to the property right.

The Court of Milan with the ordinance number 30843 of 13 August 2021 regarding thermal coats on the facade of the condominium, established that if the intervention is functional to a more adequate use of common things, a minimum reduction of the available surface of the balconies of the individual condominiums is irrelevant.

The making of Thermal coat in condominiums, if the general condition for all condominiums improves, it does not affect the private property of only one, in the event of a reduction in the available surface of a condominium balcony.

In detail, the dispute concerned a condominium assembly resolution, adopted with the simplified majorities envisaged for the Superbonus 110%, which had forced the condominiums to undergo the shrinkage of their balcony for the installation of a thermal coat on the facade.

According to the Court of Milan, i deliberated works in the assembly, they do not infringe the applicants’ right of exclusive property, as it involves a shrinkage of the available surface of the balconies by approximately 4-5 centimeters, due to the thickness of the thermal coat and the replacement of the balcony flooring.

The narrowing of the available surface of the balconies was defined by the judges as tolerable, because functional to a more adequate use of common things, that is the facade and in general the energy status, aimed at satisfying other interests highly deserving of protection.

Furthermore, the shareholders’ meeting resolutions challenged by the applicants do not concern the assets owned exclusively by the condominiums, but concern works for the maintenance and improvement of common goods. Therefore, for the Court of Milan, the building intervention for the case in question, responding to a need of the community of condominiums, does not affect the right of exclusive property.
The resolution does not have to be invalidated.

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