chimney in the building, judgments
do not need the consent of the condominium for the construction of the works
The individual blocks is entitled to carry out the works in contrast to the will of the condominium. Consequently, it is legitimate to issue the building permit for work in the service of his home located on the perimeter wall.
E 'legitimate the construction of a chimney intended to prevent the spread of the ropes.
Council of State - sez. V - January 3, 2006, No 11
Supreme Court May 9, 2007, number 10,647 , the disposal of communal heating system does not automatically cover the chimney, which must be regarded as a product independent of the system: the use of the chimney, as a conduit combustion products of the heating system, configure it only one of its possible uses. If an asset is common - for its purpose and its destination - One or more condo buildings, its disposal is decided on by all owners of condominiums condo buildings.
Cass. No 8552/2004 whereby the insertion of the chimney inside the wall which is also a common definition of private property, since invasive of another's property, can not be regarded as a mere support.
Tribunale di Napoli 17/03/1990 Perimeter Walls - Chimneys. The installation of a flue in grip, or with joint support in the perimeter wall of a building by a condominium and 'lawful activity falling in the use of the common thing, under Article. 1102, Civil Code and as such, it does not require 'questioning it' consent of the other condominiums. The faculty meets only the limits established by the exclusive rights of others (such as distances from the views, inputs, etc..) And the prohibition of altering the architectural decoration of the building.
Tribunale di Milano, sez. VIII, 26.3.1992 perimeter walls - Installation of a chimney - Permissibility - Conditions. Use
art. 1102, Civil Code, the common thing on the part of condominium and co-'lawful when: a) does not alter the natural destination, b) does not prevent the other joint owners to make use also according to their law, c) does not affect the stability and the architectural decoration of the building; d) not detrimental to the individual unique properties. Applying these principles to the case under consideration, the Board believes that the use of the common wall (which overlooks the rear of the building) to support you an independent chimney does not alter the natural destination, does not affect the stability of the building and may not prevent the other joint owners to use it according to their law. But no one can seriously deny that the installation of two separate flues within distance of the front between the balconies and windows of five levels: 1) violates the legal rules on distances (which can not 'be less than 75 cm from the most close sport balconies of individual properties), 2) reduce appreciably the side view that can be enjoyed from the windows above which should run along the artifact, 3) but also alters the architectural decoration of the entire facade of the building that has a eurythmy and dignity they deserve to be preserved in the best interest of the community pool.
App Milan, sec. I, 06.21.1991 Using the common thing - Perimeter - chimney for the exclusive use of individual blocks - Limits.
The placing by a condominium and for its sole benefit, a chimney along the perimeter wall of a building, does not include a modification of the common thing necessary for its better enjoyment by all of the condominiums, but is Article innovation subject to discipline. 1120, Civil Code. It must therefore be regarded as forbidden in the first place where it constitutes an obvious change in architectural decoration of the building and, secondly, when the features of the article are capable of removing a portion of the wall as the other condominium apartment buildings, which obviously can not use the same portion of the wall for pipes or her own support structures. The consent of all buildings required for the acts constituting real rights on direct mutual fund, not 'necessary to decide the placing of a chimney for the exclusive use of a single condominium, despite the imposition of this abuse can lead the establishment of a easement for right of adverse possession. The unanimity of the vote under Article. 1108, Civil Code, not ', in fact, request for documents that may determine the disposition of real rights only with the consent of the further maturation of the hypothetical requirement of the future have to usucapionem.
Cass. civil, sec. II 08/29/1991 No 9231. With regard to apartment house, a chimney, even if obtained in the vacuum of a common wall, is not necessarily common property, could well belong to one of the owners, whether it is intended to serve only the flat upon which, being that destination title against the legal presumption of communion.
Cass. civil, sec. II 02/17/1995 No 1719. If you retire the use of a communal heating system does not fail for this reason alone the compossesso of individual members on its chimney, and because it is attributable to the powers of the holder of a right in the right place or not to activities in a facility, either because the chimney should be regarded as an artifact independent, open to several uses.
Cass. civil, sec. II 04/08/1977 No 1345. Pursuant to art. 906 Civil Code. , the legal distance for placement of a chimney on the outside wall common to the work of one of the condominiums, can not be less than 75 cm from the closest sport balconies exclusive property of the other condominiums. It is not, however, allowed the condominium to install on the wall above - even with the observance of the distances legal - flue that, because of their size or their location to reduce appreciably the view that others benefit from the views condominiums located in the same wall because, otherwise, the installation would be in excess of the limits marked by the innovation. 1102 Civil Code., Both in relation to the structure of the wall is the will of the owners and the use of the common thing done by them in practice.
Cass. criminal sect. III 10/25/1988 No 10396 . The work of raising and coverage of a chimney, as a complete "functionally" an existing work, require planning permission.
Second Civil Cassation Chamber Judgement No Under Article 13451 of 08.04.1977. 906 cc , the legal distance for placement of a chimney on the outside wall joint, by one of the owners, can not be less than 75 cm from the closest sport balconies exclusive property of the other condominiums. It is not, however, allowed the condominium to install on the wall above - even with the observance of the distances legal - flue that, because of their size or their location to reduce appreciably the view that others benefit from the views condominiums located in the same wall because, otherwise, the installation would be in excess of the limits marked by the innovation. 1102 cc, both in relation to the structure of the wall is the will of the owners and the use of the common thing done by them in practice.
Standards: UNI 9731
1990: Classification of chimneys under thermal resistance.
UNI 9615 of 1990: A method of calculation and verification of the section of the chimney.
UNI-CIG 7129: Legislation which provides for the design, installation and maintenance of plants with flue gas fired boilers and power up to 35KW.
RULES UNI-CIG 10640: Method of calculation and design of chimneys suitable branching collective evacuation of fumes from boilers of type "B".
UNI-CIG 10641: Method of calculation and design suitable for evacuation of flue gas produced by boiler type "C".
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