Air Column Ownership in Condominiums: Clarifications from Ordinance 16622/2025

Condominium law is a constantly evolving field, where defining the boundaries between private property and common areas often leads to uncertainty and disputes. The Ordinance of the Court of Cassation no. 16622 of June 21, 2025, offers a fundamental clarification regarding the ownership of the "air column" above the common parts of a building, with particular reference to the elevator shaft. A ruling of great interest to owners and developers.

The Case: Floor Slab, Right to Build, and Airspace

The legal dispute, between L. S. and Z. S., concerned the purchase of a "raw" floor slab or roof terrace with the right to build an apartment on it. The crucial issue was to determine whether such a purchase automatically included the portion of the "air column" devoid of partitions, located in correspondence with the elevator shaft. The Court of Appeal of Catanzaro had rejected the claim, bringing the matter to the attention of the Court of Cassation.

The primary legal reference is Article 1117 of the Civil Code, which establishes the presumption of common ownership for certain parts of the building, unless otherwise provided by the title deed. This rule is the cornerstone of the regulation of common areas.

The Ruling of the Court of Cassation: Boundaries and Presumptions

Ordinance no. 16622/2025, with rapporteur G. G., reiterated a key principle of condominium law. Here is the full ruling:

The purchaser of a raw floor slab or roof terrace with the right to build their apartment thereon, unless the title deed unequivocally states otherwise, does not become the owner of the portion of the air column devoid of partitions located in correspondence with the elevator shaft and therefore not usable by them, which will form part of the condominium property, pursuant to art. 1117 of the Civil Code.

This decision clarifies that the purchase of a floor slab with the right to build does not automatically extend ownership to every overlying airspace, especially if it corresponds to a common area like the elevator shaft and is not usable by the purchaser. The presumption of common ownership under art. 1117 of the Civil Code fully applies, unless the "title deed" clearly and unequivocally provides for a different allocation. Precise drafting of deeds is crucial to avoid ambiguity.

Practical Implications and Useful Advice

The consequences of this ordinance are significant for:

• Purchasers of roof terraces: Carefully review the purchase title deed and the condominium rules to understand the exact extent of your rights, especially concerning airspaces adjacent to common structures.
• Developers and designers: During the sale of new units or during elevation works, clearly define property boundaries and any allocation of airspaces to prevent future disputes.

The Court of Cassation reiterates that the presumption of common ownership is a cornerstone of condominium organization. Only an explicit and unequivocal contractual intent can overcome this presumption, attributing ownership of spaces that would otherwise remain for the collective use.

Conclusions

Ordinance no. 16622 of 2025 is an important piece in condominium jurisprudence, providing clear guidance and strengthening the protection of common areas. Contractual clarity emerges as an indispensable tool for preventing disputes. To address similar issues, it is essential to seek qualified legal advice.