Italian Supreme Court rules rooftop terraces remain private despite neighbor laundry servitude

The Italian Supreme Court confirmed that a rooftop terrace (lastrico solare) retains its status as private property even when neighboring condominium owners have a servitude to use it for hanging laundry. The ruling stresses that such limited use does not convert the area into common property and that owners remain fully responsible for extraordinary maintenance costs.

A separate judgment by the Tribunal of Palermo extended the principle to photovoltaic installations on industrial roofs. The court held that the energy company that installed the panels and holds the surface right is liable for all maintenance of the roof and rain‑water drainage systems, not the building owner or the tenant using the space. Both decisions provide clear guidance on the allocation of responsibilities and expenses among property owners, users, and energy operators in Italy.