Is It Legal to Turn Off Radiators in a Condominium? Exploring Heat Theft Implications

Keeping the Heating Off: Legal Aspects and Responsibilities

You might want to keep the heating off to save money, especially if your apartment is rarely used.
However, your neighbor could complain about cold walls, as their heat dissipates into the air.
If the neighbor doesn’t use their heating, an increase in costs for their radiators can occur because more thermal energy is needed to achieve the same indoor temperature, lacking the benefit of warmth from adjacent spaces.
This situation raises concerns about what is often termed “heat theft.” But does this mean it’s illegal not to turn on the heating in a condominium? Let’s explore the law regarding this matter.

What is Heat Theft?

Heat theft refers to the phenomenon where one apartment benefits from the heat emitted by adjacent units due to thermal propagation.
The term “theft” implies that one area is colder, and consequently, it does not contribute to heating the other.
This term, while alarming, doesn’t carry legal weight.

Is Heat Theft a Crime?

In legal terms, heat theft is not considered a crime.
The word is often misused colloquially to describe the situation where one party benefits from another’s heating efforts without direct compensation.
Typically, this thermal energy is accounted for in shared heating bills.

Heating Expenses for Unused Heating Systems

Contrary to popular belief, disabling the heating doesn’t eliminate heating costs altogether.
The Corte di Cassazione (Supreme Court) asserts that all condominium residents must share expenses related to “involuntary heating” costs, unless explicitly exempted by the homeowners’ assembly.
Even those who refrain from using their radiators or disconnect from the central heating system still contribute to these costs.

Expense allocation is regulated; the assembly must adhere to statutory limits.
Expenses can only be divided between voluntary and involuntary consumption based on a technical report proving a thermal demand difference of at least 50% per square meter among units.
Approving this reporting requires a majority vote of the assembly members present, representing at least half of the total property ownership percentages.

Moreover, involuntary heating expenses cannot exceed 30% of the total heating costs for individual condominium owners.
This percentage can be adjusted (but not eliminated) based on different calculation criteria such as property ownership shares, apartment size, and installed heating capacity.

Is it Legal Not to Turn On the Heaters?

When a condominium resident opts out of using heating—thus sparing themselves from direct heating costs—they inevitably benefit from the warmth of neighboring apartments.
Consequently, while those with their heaters on may experience diminished temperature increases, they may also claim that heating costs rise unjustly because of their neighbors’ choices.

However, this perspective has limitations.
Legally, residents cannot be forced to utilize their heating systems.
Those who choose not to turn on their radiators engage in a legal practice; no one can compel them otherwise.

Even so, involuntary heating consumption remains part of the shared expenses, assessed indirectly rather than directly compensated.
The issue lies not in individual heating usage but the thermal insulation quality of the building.
If heat loss becomes a significant burden affecting adequate heating and increasing costs, maintaining the building’s thermal integrity might necessitate collective action by the condominium or individual owners.
Renters should consult their landlords, as they typically bear the responsibility for maintaining heating systems.