As winter approaches and the heating systems are turned on, many property owners stay inside. Condominium leading to consider the idea of disassociating oneself fromCentral heating systemto achieve savings on consumption, which is increasingly high in recent times, and greater flexibility regarding boiler ignition modes and periods.
After the condominium reform enacted in 2012, the law allows individual condominium owners to separate themselves from the central system and equip themselves with an autonomous system, so that they can manage themselves. This authority is provided and regulated by Article 1118 of the Civil Code which makes the relinquishment of the use of the general system subject to compliance with certain conditions. The conditions.
This possibility is confirmed by a number of decisions of judges of merit and courts of justice that from time to time limit the scope of its validity and indicate the conditions under which such interference on common parts is allowed ( Court of Cassation Rulings 11815/2020, 26185/2023).
Regardless of compliance with the required requirements, the discussion in the condominium context, which is often a source of conflict, may involve participation or Other condominium owners are also concerned about the administrative costs of the service.
That’s not all. Indeed, disputes arise as to the validity or otherwise of any provision in the condominium regulation, even a contract, which may prevent condominium owners from opting out of said system.
Under what conditions is posting allowed?
The law, in Article 1118 of the Civil Code, establishes the conditions under which a condominium owner may legally abandon the use of a condominium heating system.
A rhythm right:
- There should be no significant imbalance in the functioning of the central system;
- The intervention should not result in an increase in the costs of other condominiums.
- No damage should be done to other condominiums.
In short, it is important that there are no negative consequences for other owners as well as no increase in consumption or risk of failure of the central heating system.
It is the right of the condominium owner in the presence of the above conditions. give up To use the central system. This means that prior permission is not required.Assembly condominium orAdministrator.
To demonstrate the existence of the conditions indicated, before actually disconnecting from the general system, the owner of the condominium interested in the work should equip himself with the same. Technical skills Issued by a certified professional.
The appraisal is a technical document that is one of the obvious burdens to be borne by a condominium owner who intends to alienate. This allows us to demonstrate with certainty that the intervention implemented will not cause a significant imbalance in the functioning of the central system or an increase in costs incurred by other condominiums.
If approval is obtained from the technician confirming the presence of the necessary requirements, it is necessary to proceed step by step by following the following steps.
First the owner of the condominium will have to give. Communication To the condominium administrator. We require that work carried out within the exclusive property unit must not damage other homes or endanger the safety or stability of the common areas. In any case, the law requires that the administrator be notified in advance.
When feedback is sought from the condominium assembly.
In the absence of adequate proof of the necessary conditions for detachment, the condominium assembly must decide whether or not to allow detachment, after evaluating the potential negative impact on other condominium owners, through a technical evaluation.
Additionally, a meeting resolution on the subject will be necessary in cases where the works carried out cause a clear imbalance in the functioning of the common system or increase the costs of other participants in the condominium. In this case the decision is left to the assembly and for the resolution to be valid, it must be taken by a majority of the participants representing at least half the value of the building.
Only at this point will an interested condominium owner be able to proceed to the concrete stage. Execution of tasksRespecting legal constraints related to compliance, suitability and safety.
It is worth remembering that, in the case of installing autonomous systems, compliance with Calendar with switch-on dates established by national or regional legislation.
How many condominiums can be separated from the main system?
Owners of multiple condominiums may request disconnection from the central system. The law does not set a maximum number of owners who can disconnect but it goes without saying that a limit must be deemed to exist to respect the conditions required by the legislation to proceed. In the case of large numbers, significant imbalances and increased costs may arise. In this case, given the involvement of many condominium owners, it should definitely be discussed in the assembly.
After closing the connection with the condominium owner who has abandoned it, it will be necessary to verify the impact of the new structure on the condominium’s expenses.
Responsibility for installing autonomous systems
Once the alienation is done by the Turkish Condominium, the Condominium must ensure that it actually takes steps to install the Condominium.Autonomous system. This step is necessary to avoid additional costs that were not initially taken into account when preparing the technical assessment. Without the development of an independent boiler, the condominium owner would benefit from the heat of others while continuing to use the heat of other people’s radiators, with the effect of subjecting the central system to an overload of work.
The need for an autonomous system has been highlighted by the 2023 Court of Cassation judgment referred to above.
Calculation of expenses
Among the costs to be borne by the condominium owner in case of installation of an independent system, mention should be made of the direct costs associated with the isolation, starting from the assessment to any masonry work that is entirely covered by the government. will bear Outgoing owner of condominium.
With respect to remaining heating costs, the law is clear on this point. Even if a condominium owner who abandons the condominium will not pay out-of-pocket heating costs, which will be distributed only among condominiums that use the central system, certain types of costs will remain his responsibility: Exceptional care of the system, that for him protection And for that Delivered to the standard. General and extraordinary maintenance costs will continue to be paid as the central heating system still Common part According to Article 1117 of the Civil Code, such as stairs, entrance halls or landings.
It is specifically joint ownership that determines the obligation to contribute to the costs of managing the joint assets. Although Article 1118 of the Civil Code has eliminated the general prohibition of relinquishment of joint assets, certain expenses are mandatory.
It should be noted that extraordinary maintenance costs include, for example, adapting the system to current regulations, also in terms of safety.
Maintenance costs include interventions aimed at ensuring the integrity and efficiency of the system, including the costs of replacing old boilers.
Since the heating system is a shared asset, it also belongs to the renouncing owner of the condominium, the latter will still need to contribute to the payment of some pro-rata charges, while re-connecting in the future. The right will be retained if they so desire
The 2020 decision of the Court of Cassation that we have referred to above also includes the costs that will be taken into account, the so-called Involuntary consumption. This refers to the portion of the consumption that benefits from the normal system just being turned on and the resulting heat. A fixed fee to be paid by the abandoner may be established by the condominium assembly which will also take into account the fact that the condominium owner will be able to benefit from heating the common areas of the building such as the entrance hall. We can see how involuntary consumption is not strictly related to the personal choices of the condominium owner and cannot be quantified with specific measurement tools.
The only expenses that the condominium owner is not required to pay are those that are strictly related to actual consumption.
In summary, if the intention of the departing owner is to save money, this is not always the case in the end. With calculations in hand, investing in an autonomous system couldn’t be easier.
Can condominium regulations prohibit posting?
It has to be considered on the basis of what has been said by the jurisprudence of the court Nothing. A clause that includes Condominium Regulation which prevents detachment from the central system, preventing the respective condominium owner from equipping himself with an autonomous system.
This prohibition must therefore be held to be illegitimate as it is intended to limit the fundamental right of every condominium owner.
A provision of this type that affects the exercise of a right held by an individual owner is considered invalid even if it is contained in a condominium regulation of a contractual nature.
The resolution which would implement this is also null and void, as well as the costs associated with the consumption and use of the central boiler at the condominium owner’s expense.
It should be noted that the Condominium Regulation cannot in any way prejudice the rights of each Condominium, as resulting from purchase deeds and contracts, nor, if contractual in nature, shall it fourth may override the provisions of Article 1138 of the Civil Code. Paragraph, enforcement of payment of heating expenses by the owner of a separate condominium with a specific clause.
