COHOUSING: EMERSIONE GIURIDICA DI UNA NUOVA MORFOLOGIA DELL’ABITARE

This contribution aims to analyse the legal and social phenomenon of cohousing as a new morphology of dwelling, which has emerged within the broader context of the crisis of the traditional housing model and the transformation of contemporary relational, economic, and proprietary dynamics. Although not yet formally and systematically regulated, the phenomenon is characterised by a complex structure that intertwines private law dimensions with public relevance, giving rise to co-residential models grounded in contractual autonomy, the sharing of goods and services, interpersonal solidarity, and social inclusion. Starting from the legislative recognition – albeit programmatic – set forth in Law No. 33/2023 and Legislative Decree No. 29/2024, the paper retraces the attempts at normative typification of the phenomenon, highlighting the progressive emergence of a favor legis and the need for a regulatory framework consistent with constitutional principles and local welfare instruments. In this context, the paper offers a systematic overview of the definitional, functional, and regulatory profiles of cohousing, emphasising interpretative uncertainties and unresolved issues de iure condendo, with a view to a legal discipline capable of enhancing the social function of collaborative dwelling and harmonising the need for flexibility, legal certainty, and relational justice.