Riparazione dei balconi aggettanti e frontalini: oneri di ripartizione

Riparazione dei balconi aggettanti e frontalini: oneri di ripartizione Lina Avigliano, avvocato (Ventiquattrore Avvocato) |27 Giugno 2012 Cassazione civ., Sez. II, 12 gennaio 2011, n.587

Sorgente: Riparazione dei balconi aggettanti e frontalini: oneri di ripartizione

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In tema di parti comuni e relativo obbligo di manutenzione vige una disciplina differente per i balconi cosiddetti “aggettanti” e per gli elementi decorativi presenti sugli stessi.

I balconi aggettanti, i quali sporgono dalla facciata dell’edificio, costituiscono solo un prolungamento dell’appartamento dal quale protendono e rientrano nella proprietà esclusiva dei titolari degli appartamenti cui accedono. Non fungono da copertura del piano inferiore in quanto essi, dal punto di vista strutturale sono del tutto autonomi rispetto agli altri piani, poiché possono sussistere indipendentemente dall’esistenza di altri balconi nel piano sottostante o sovrastante e non avendo, quindi, funzione di copertura del piano sottostante, il balcone aggettante non soddisfa una utilità comune ai due piani e non svolge neppure una funzione a vantaggio di un condomino diverso dal proprietario del piano. Detti balconi e le relative solette non …..(continua)

 

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