Boiler maintenance: whose responsibility is it?

10 April 2024 Blog

Maintenance in case of short- and medium-term rental

Medium- and short-term rentals are a form of renting that has experienced a real explosion in recent years, thanks in part to the spread of online platforms that clearly facilitate the matching of supply and demand.

Deciding to take the path of short- and medium-term rentals is certainly a choice that will be able to bring a benefit from a remunerative point of view, when well managed, but on the other hand it could be challenging to deal with so many expenses and bureaucratic commitments, which is why with our blog we want to offer you more and more interesting insights into so many questions that surely nag at you.

One of these concerns the issue of home maintenance, and specifically boiler management. Before we get into the specifics, we necessarily need to give you some specifics regarding precisely the type of maintenance and intervention.

Routine and extraordinary maintenance

By the term routine maintenance we denote all those activities aimed at preserving the building in its current state, without changing its characteristics. Cleaning pipes, replacing light bulbs, repairing floors, etc. fall into this category.

Extraordinary maintenance is that which involves a transformation or improvement of the building, changing its characteristics: replacement of the roof, renovation of rooms in the house.

The type of operations for extraordinary maintenance must always contain an element of innovation, which is why many times they are building operations that straddle the line between ordinary maintenance and renovations.

When in doubt, there is a guiding text that you can always consult in which it is indicated which works specifically fall into the ordinary or extraordinary categories: it is the Consolidated Building Code.

Boiler maintenance: what does it consist of?

If we asked you what boiler maintenance consists of, what would you say? Probably all the tasks that concern the well-being of the boiler: whether everything is working, cleaning, etc.

In general we can say yes, but when it comes to standards it is always better to establish precise definitions wherever possible. With regard to this, who then determines what boiler maintenance consists of?Article 7, paragraph 4 of Presidential Decree 74/2013 tells us that it must be the installers and maintainers of thermal systems.

Even in the case of the boiler, there are two types of maintenance work: routine maintenance and extraordinary maintenance.

Routine maintenance consists of cleaning and adjusting the main components of the boiler, such as the burner, exchanger, filters, and valves. The purpose is to keep the boiler in good condition and reduce gas consumption. This should be done at least once a year.

Extraordinary maintenance, on the other hand, consists of repairing or replacing damaged or worn boiler components, such as the combustion chamber, circulator, electronic board, and expansion tank. The scopro here is to restore boiler operation in case of malfunction or breakdown. This, unlike the former, is not maintenance that should be done all the time but only when a problem or failure is found.

Who then is responsible for maintenance?

We know that we have given you a rather busy and meaty introduction, but we felt it was appropriate to clarify very specifically the terms of the law, providing you with timely information that we hope will be useful to you.

The answer to the question regarding short- or medium-term rent splits into two possibilities. When we talk about medium- or long-term rent, routine maintenance expenses are usually borne by the tenant, while extraordinary expenses are borne by the landlord.

If, on the other hand, we intend to manage short-term rentals for tourist purposes, then it is the owner who is responsible for the ordinary and extraordinary maintenance; this is for what reason? Precisely by virtue of the short duration of stay in the facility: indeed, it is to be expected that with such a short stay, there would be no wear and tear damage such as to require payment to the tenants (which should also be apportioned per individual tenant). Of course, then there are different circumstances for which there is voluntary damage to the boiler or to the structure in general, but there we get into a different discussion.

The regulations for short rentals in any case do not clearly specify who should take care of routine and extraordinary maintenance of the boiler, thus leaving room for possible agreements between the parties.

In the absence of a different agreement, it can be assumed that extraordinary maintenance is the responsibility of the landlord, as in the case of renting, while ordinary maintenance is the responsibility of the tenant, as stipulated inArticle 1576 of the Civil Code.

Better manage your property

Despite the complexity of the article, we hope it has been helpful in understanding the importance of good short- and medium-term rental management. We realize that this is a complex subject, which is why we want to help you even with the questions that may seem simpler.

Our advice, as always, is still to contact a specialized partner who will take care of all these bureaucratic and regulatory issues directly. If you want to know more about our services or our agency, all you have to do is contact us: you will discover the real added value that a property manager can bring to your business.