Condominium rules (regolamento di condominio): what to check before buying
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What the condominium is and where to find the rulesWhat to check in the rules, point by pointUnpaid charges: who pays the previous owner's debts?How much the charges weigh: an exampleWhat to ask for before the notarial deedWhat changes if you buy at auctionIn practiceFrequently asked questionsSourcesThe condominium rules set out how the building is used: what you can do in your flat, how the common areas are used and how costs are divided. Before buying, read them and ask the building administrator (amministratore) whether there are unpaid charges, because those debts can also reach you.
The rules rarely appear in the listing. You ask the seller or the administrator for them, then read carefully the clauses that affect your everyday life.
What the condominium is and where to find the rules
A condominium (condominio) is a building with several flat owners and common areas, such as the stairs, the roof, the courtyard or the lift. The Civil Code devotes articles 1117 to 1139 to the condominium.
The rules are the internal document that organises life in the building. They may be attached to the deed of sale, or they may have been approved by the meeting of condominium owners. Sometimes the rules are spread across several documents and in minutes of meetings that changed something. For this reason, ask for all the material, not just one copy.
What to check in the rules, point by point
You do not need to learn everything by heart. Look for these items and read only the clauses that concern you.
- Use of the flat. It says whether the property is for residential use only or whether offices, studios or businesses are allowed. If you want to work there or open a business, this is the first thing to check.
- Short-term rentals. Local rules and condominium rules may limit rentals for short periods. Look for the clauses on holiday lets and ask the administrator to confirm.
- Pets. Some rules limit dogs or cats, or set conditions for them. If you have a pet, or plan to get one, read this part.
- Use of common areas. This covers the courtyard, stairs, terraces, storage rooms and parking spaces. Ask yourself who may park in the courtyard and who may use a shared terrace.
- Noise and hours. The rules often set time slots for works, parties and music. If you work at night or have particular hours, check.
- Changes to the flat. Check what is needed to change windows, balconies, the façade or internal walls. Some changes require the consent of the meeting.
- Table of millesimal values. Millesimal values (millesimi) are the share each flat holds in the common areas, expressed out of a thousand. They are used to divide costs: each owner pays in proportion to their millesimi. Check that the table shows your flat and compare the property details with the land registry extract (visura catastale).
Unpaid charges: who pays the previous owner's debts?
This is the part that most often surprises buyers. The rules are in the implementing provisions of the Civil Code, article 63. Anyone who takes over the rights of a condominium owner is jointly and severally liable with the previous owner for the charges of the current year and the previous year.
Jointly and severally means that the condominium can ask you for the full amount, even if the debt arose when the seller owned the flat. For older years, the debt remains the responsibility of the person who incurred it.
For this reason the administrator must issue a certificate of payments (article 1130 of the Civil Code, number 9). Ask for it before the notarial deed, and have it confirmed in writing which charges have been paid and which have not.
How much the charges weigh: an example
Let us take an invented case. You buy in March 2026. The condominium charges for your flat are €1,200 a year. The seller left debts of €1,200 a year from 2023 to 2026, so €4,800 in total.
- Years 2025 and 2026: these are the ones the condominium can ask you for. Total: €2,400.
- Years 2023 and 2024: these remain the seller's responsibility. Total: €2,400.
In this example, if you do not reach an agreement before the notarial deed, you risk having to pay €2,400 that you did not owe. You ask the administrator for the exact figure, and the contract must state who pays what.
What to ask for before the notarial deed
The rules are only one part. Before signing the notarial deed, or even before the preliminary contract (compromesso), ask for these documents.
- A copy of the rules and of all changes approved by the meeting.
- The minutes of the latest meetings: here you will find works that have been decided but not yet paid for, which can affect the real price of the property.
- The latest condominium statement of accounts, that is the annual statement of expenses (article 1130-bis of the Civil Code).
- The certificate of payments issued by the administrator.
- The table of millesimal values.
If you find debts or upcoming works, write this into the preliminary contract (compromesso preliminare), with who pays what and by when. A written agreement is worth more than a verbal promise.
What changes if you buy at auction
In court auctions the rules apply just as in a normal sale: whoever becomes the owner accepts them. The successful bidder (aggiudicatario) is also liable for the condominium charges of the current year and the previous year, as described above.
The auction appraisal report (perizia d'asta) describes the condominium situation, but it does not replace asking the administrator directly. Read what it says in the appraisal report, then check. If you want to understand how the appraisal report is structured, it is explained in the guide on how to read an auction appraisal report section by section. After winning, the next steps are in what happens after the award, all the steps.
In practice
- Ask the administrator or the seller for a copy of the rules and of all approved changes.
- Search the rules for the words animals, rent, business, noise, storage rooms and works, and read only those clauses.
- Ask for the certificate of payments and the list of charges approved but not yet paid.
- Compare the table of millesimal values with the flat's details.
- Write into the contract who pays the unpaid debts and the works already approved.
Frequently asked questions
Can the rules stop me renting for short periods?
They may contain limits on short-term rentals, and local rules may limit them further. There is no single answer for every building. Read the clause and ask the administrator to confirm in writing before you buy.
If I find unpaid condominium debts, must I give up the purchase?
Not necessarily. You can ask the seller to pay the debts before the notarial deed, or ask for the amount to be deducted from the price. Whatever you agree must be written into the contract.
Do the rules apply to me if I read them after buying?
In general, a buyer accepts the rules together with the property. That is why they should be read beforehand, while you can still ask for clarifications or change the contract.
Sources
In the same chapter
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- Cadastral category (categoria catastale): A/2, A/3, C/6 and the others explainedThe cadastral category is the code that classifies the property (A/2, A/3, C/6…) and determines cadastral income and taxes. Here is what the letters and numbers mean.
- Certificate of habitability (certificato di agibilità): when it is neededThe certificate of habitability confirms that a home is fit for use. Here is when it is needed, how to check it before buying and what to do if it is missing.
- Cadastral code of the municipality (codice catastale del comune): what it isThe cadastral code is a four-character code that identifies the municipality (comune) in the land registry, and you need it to look up a land registry extract. Here is where to find it.
- Foglio, particella and subalterno: how to find themFoglio, particella and subalterno are the numbers that identify the property in the land registry (catasto): you find them in the notarial deed, the land registry extract and the auction appraisal report.
- Mortgage on a home: what it is and how it is cancelledThe mortgage is the guarantee the bank registers on the home for the loan. It is closed after the final payment, but it should be checked with a mortgage search: here's how.
General information, not legal or tax advice: the law and the notice of sale prevail.
