Sub-balcony slab: who owns it and who is responsible for its repairs

Balcony maintenance often becomes a source of dispute between neighbors. To determine who should pay for repairs to the sub-balcony area, it is necessary to consider the balcony structure and current legal regulations.

The sub-balcony surface, or so-called "balcony ceiling" (cielino), is the lower part of the reinforced concrete slab that is visible to the owner of the apartment below. This element not only serves a decorative function but also plays a vital role in maintaining the strength of the structure. It protects the reinforcement from moisture and atmospheric factors, contributes to the appearance of the façade, and serves as a base for attaching various elements, such as awnings and sunshades. In addition, its proper condition helps prevent leaks and peeling plaster.

What is a balcony ceiling?

The sub-balcony part is the lower surface of the balcony slab, which can be seen when standing on the balcony on the floor below and looking up. In essence, it acts as a ceiling for the open space.

Despite the fact that this element belongs to the design of the upper balcony, it directly affects both the appearance of the building and the comfort of the residents of the lower floor.

Main design features

To understand the significance of a balcony ceiling, it is important to consider its main functions:

• Location. It is located on the opposite side from the balcony flooring. On top are tiles and waterproofing, and below is a protective layer that seals the reinforced concrete slab from the external environment.
• Materials. In most cases, the surface is covered with cement or lime plaster, then leveled and painted with special facade paints that are resistant to temperature and humidity changes.
• Protective function. The under-balcony finish prevents moisture from penetrating to the metal reinforcement. When cracks appear, water begins to destroy the concrete and causes corrosion of the metal, which leads to swelling and crumbling of the plaster.
• Aesthetic role. The condition of the under-balcony part directly affects the appearance of the facade. Damp spots, cracks, and peeling finishes create the impression that the entire building is poorly maintained.

Who pays for the repair of the area under the balcony?

The answer depends on the type of balcony. Judicial practice, in particular decisions of the Italian Court of Cassation No. 14576/2004 and No. 7042/2020, establishes different rules for protruding and integrated balconies.

Protruding balcony

A balcony is considered to be protruding if it extends beyond the façade and actually hangs over the space on three sides.

In this case:

• all costs of repairing the balcony ceiling are borne by the owner of the apartment above;
• the balcony is considered part of his exclusive property;
• the owner of the apartment below is not obliged to share in the costs, since the structure does not serve as a load-bearing element for his home.

Exception

If the sub-balcony area contains decorative elements - stucco, cornices or other architectural details that are part of the overall design of the facade, the costs of their restoration may be related to the common house costs.

Built-in balcony

Built-in balconies are located within the building's contours and do not protrude beyond the load-bearing walls.

For such structures, Article 1125 of the Italian Civil Code applies, according to which the costs are distributed between the owners of the upper and lower floors.

The division of costs is as follows:

• the owner of the upper apartment pays for the floor covering and waterproofing;
• the load-bearing slab is repaired at the expense of both owners;
• The owner of the lower apartment pays for plastering, leveling and painting the ceiling surface, since it serves as the ceiling of his space.

If there are decorative elements

In many buildings, the sub-balcony area is decorated with decorative cornices, stucco, marble inserts or other architectural embellishments.

If such elements are an important part of the building's exterior appearance, the costs of their restoration are distributed among all apartment owners in proportion to their shares in the condominium.

This is due to the fact that the facade is considered common property, and its aesthetic condition is of interest to all residents.

Who owns the sub-balcony area

Ownership is also determined by the type of construction.

For protruding balconies

The area under the balcony belongs entirely to the owner of the upper apartment. He is responsible for its technical condition and safety. The owner of the lower apartment has no property rights to it, although he is below it every day.

For built-in balconies

Ownership is mixed. The structure is considered common to two neighbors located one above the other. In this case, the finishing of the lower surface actually belongs to the owner of the lower room, since it functions as the ceiling of its space.

Finishing materials

If the cladding was provided for by the building design to create a unified architectural appearance, responsibility for its maintenance may be assigned to the condominium, even if the structure itself remains private property.

How to act depending on the type of balcony

If repairs are necessary, it is important to correctly determine the type of structure and organize the work in order to avoid conflicts and litigation.

How to determine the type of balcony

The first step is a visual inspection.

• If the balcony protrudes beyond the façade and there are no walls underneath it, we are talking about a protruding structure.
• If a balcony appears as a recess within the building and is surrounded by walls, it is considered a built-in balcony.

Procedure for a projecting balcony

In such a situation, the condominium manager, as a rule, cannot oblige the owner to carry out repairs, since the issue concerns private property, unless there is a safety threat.

If residents notice peeling plaster or other damage, they should contact the owner of the apartment above. Often the problem is caused by cracks in the balcony flooring, through which water penetrates. Without eliminating the source of moisture, repairing the lower part will be a temporary measure.

The owner of the upper balcony is obliged to promptly organize restoration work. The law makes him liable for any damage to people or property caused by the fall of structural elements.

To carry out repairs, he has the right to request access to the lower balcony if this is necessary for the installation of scaffolding or auxiliary equipment.

Procedure for a built-in balcony

In the case of a built-in structure, it is recommended that the issue be resolved jointly by both owners.

It is advisable to involve the condominium administrator to officially record the agreements reached.

When ordering work, the estimate must clearly separate the costs:

• the costs of plastering and painting are attributed to the owner of the lower apartment;
• the costs of waterproofing and top coating The owner of the upper room bears the cost;
• The repair of the supporting slab is paid for jointly by the parties in the shares stipulated by law.

This approach helps avoid disputes and ensure the proper distribution of responsibilities between neighbors.