Italian courts affirm property rights for condominium owners

Recent judicial rulings in Italy have clarified the rights of individual property owners within condominium structures regarding building modifications.

The Tribunal of Sassari ruled that owners of an exclusive roof terrace (lastrico solare) hold the unilateral right to add new floors to a building. Under Article 1127 of the Civil Code, such owners can exercise this right without requiring approval from the condominium assembly, rendering any collective opposition legally ineffective unless specific prohibitions exist in the original purchase title.

Additionally, the Tribunal of Rome addressed the installation of removable panoramic glass enclosures (Vepa) on balconies. The court established that these structures are permissible as they do not alter the building's volume. To remain legal, the glass must be lightweight, transparent, and free of fixed frames, ensuring that the building's stability and architectural decorum are not compromised.