Italian courts issue several rulings on property and condominium law

Recent judicial decisions in Italy have clarified various aspects of property rights and condominium regulations.

The TAR Sicilia confirmed the mandatory full demolition of a two-story building after a neighbor successfully challenged its construction permit. The court ruled that the building violated mandatory distance requirements from the adjacent property. The owners' request for “fiscalizzazione” (paying a fine to avoid demolition) was rejected because the violation was deemed a substantial defect affecting the entire building permit.

In Trani, the court ruled that property owners are liable for water infiltration damages between floors unless they can prove a fortuitous event. This decision clarifies that general civil liability rules for things in custody apply, rather than just the standard maintenance cost-sharing rules for ceilings and floors.

The Court of Cassation ruled that calling an opposing lawyer “incompetent” during condominium meetings or in a letter to an administrator does not constitute defamation, provided the criticism is based on true facts and limited to professional conduct.

Finally, the Court of Salerno determined that a neighboring property owner who is not a member of a condominium cannot use the standard legal action to annul a condominium resolution. Such an individual may only seek to declare a resolution null under specific circumstances and must demonstrate a direct interest.