Risk of dismantling for those who have installed the air conditioner incorrectly

The right to property grants the owner many powers, which are limited only by the law and in particular by the equal rights of others.
Even the simple possibility of installing an air conditioner to cool your home can therefore clash with the relevant laws and regulations, with the risk of being fined and even having the poorly installed air conditioner dismantled.
To avoid these consequences, it is necessary to establish the positioning of the air conditioner appropriately, checking the relevant legislation on the matter: the Civil Code; municipal regulations; the condominium regulations; the Uni regulation on hydraulic systems (n.
10339:1995).
In detail, it is essential to ensure that the air conditioner does not jeopardize the architectural decoration of the building, the safety of the building and the well-being of the neighbors.
Particular attention is required for appliances with an external unit, considering that the latter is more intrusive in terms of size, visibility and noise emissions, but it is important to remember that the same rules apply to all air conditioners.
Here's what you need to know.
Risk of dismantling if the air conditioner is poorly assembled As anticipated, installing an air conditioner without respecting the rules is not a harmless act, because it can also lead to the dismantling of the appliance, with the related inconveniences and the economic loss relating to the purchase of the air conditioner and the its installation.
The condominium assembly, in fact, can order the forced removal of the poorly mounted air conditioner, i.e.
without respecting the various regulations on the matter.
It is essential to underline that the power of the condominium assembly is not limited to air conditioners that do not comply with the condominium regulations or the condominium and neighborhood regulations contained in the Civil Code, but rather extends to all cases in which the device does not comply with the regulations.
In addition to the condominium meeting, forced removal can also be ordered by the Municipality – where it falls within the jurisdiction of the Body – or requested through an appeal to the judge by anyone who has an interest in it (including condominiums and neighbors).
In addition to the dismantling of the air conditioner itself, there is also a risk of financial penalties provided for by the municipal regulation or the condominium regulation, in the latter case not exceeding 200 euros (800 euros in the event of relapses).
Finally, particular damages caused to the building or condominiums must be compensated, naturally subject to the ruling of the judge who rules on the civil case.
The rules to follow for the installation of the air conditioner Although each Municipality and each condominium can establish specific rules regarding the installation and positioning of air conditioners outside the buildings, there are some general indications that are always valid.
In detail, article 1122 of the Civil Code establishes that it prohibits the condominium owner from carrying out works that may cause damage to "the stability, safety or architectural decoration of the building".
A limit that applies both to parts of individual property and to areas municipalities, taking into account the fact that for the latter the limits are even more stringent, since no condominium owner must limit the enjoyment of others.
In any case, prior communication must always be given to the condominium administrator.
No vote on the part of the condominium administrator is necessary.
condominium meeting, unless the regulation requires it or in the case of particular historical or artistic value of the building.
In the latter case it is of absolute importance to also check the municipal regulations, which may prohibit the installation or impose specific factors to respect.
The Civil Code also helps us regarding the minimum distances to be respected, since article 905 of the Civil Code establishes the following: "Direct views cannot be opened towards the closed or unclosed bottom or even onto the neighbor's roof, if there is not a distance of one and a half meters between the bottom of this and the external face of the wall into which the direct views open." The distance to remember is therefore one and a half meters, even if the condominium regulations could impose more stringent limits, to prevent the air conditioner from limiting the space and panoramic views of the neighbors.
Finally, it is necessary to take into account all the emissions produced by the air conditioner, i.e.
mainly noise and drainage.
Both must not cause harm to neighbors and fall within the limits of normal tolerability, respecting any specific limits imposed by the unanimously approved condominium or municipal regulations.
Precisely with regard to this point, the limitations become more important also for air conditioners without an external unit.
read also House for rent, can the owner of the house prohibit keeping animals?