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Chimney and condominium, when is it possible to continue with the installation? Are there permits to be requested and what say do the other condominiums have? Here are all the answers.
Chimney and condominium: common or exclusive property
According to the provisions of the Civil Cassation 1092/1966, thefluefalls within the presumption of communions posed by Article 1117 of the Civil Code, which states, in simple terms, that the flueis a common good "up to the branch point of the systems to the premises owned exclusively by the individual condominiums ". In any case, this constraint can be overcome by the destination of the sameflue, as the same prescription states that "they are common property if the contrary is not clear from the title". When the flue it is not a common good of the whole condominium?
If it is placed at the service of a single condominium or a small group of condominiums or if it has a contrary title such as a deed of purchase of the individual units, a past sentence that ascertains the usucapione, if there is a condominium contract ... So , even if oneflueit is created in the void of a common wall, it is not necessarily of common property but it can very well serve a single condominium.
Chimney on the facade of the condominium
Chimney and condominium:when the other condominiums disagree
It is possible to continue with the installation of one flue even if the other condominiums disagree. The only constraint consists in respecting good technical characteristics. The municipality, in fact, cannot deny the building permit for the installation of oneflueincondominiumrelying only on the denial of otherscondominiums.
This was established by theLombardy Tarwith sentence 1308. In the case examined by the Administrative Court, the Municipality had rejected the request for the installation of aflueexternal because this would have been placed on thecondominium facade, in the walls belonging to two others condominiums who had denied their consent for reasons of decorum. The interested party had filed an appeal with the TAR underlining, an appeal accepted when the Lombardy TAR stated that it is not possible to bind decisions only on the opinion of third parties but above all the technical characteristics of the intervention to be carried out must be evaluated. In other words, thefluesthey can also be made on the facades ofcondominiumsprovided that, in technical terms, they do not compromise the decor and harmony of the facade itself.
Flue and condominium, criteria
There are technical criteria to be respected in order to install onefluein condominium. Having clarified that the consent of all condominiums is not required, here is, in short, the list of technical characteristics to be respected to install aflue in condominium.
- For the installation on the facade, the architectural decoration must be respected. Who determines if oneflueis it "indecorous"? The judgment about the possible impairment of the aesthetics of thecondominiumis left to the judge's appreciation.
- The safety and stability of the building must be maintained.
- Respect the legal distances intended to regulate relations between contiguous properties.
- If thefluemust be installed on the roof of thecondominium, it will be necessary to assess whether this installation subtracts the solar roof or a part of it from the possibility of use by other condominiums.