Terraces and gardens of condominiums: is it possible to fence or build partitions?

The lack of living space in the houses or the desire for more privacy drives many people to do so terrace or garden Consider closing them or putting up partitions.

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In fact, companies specializing in reforms claim that precisely this type of work is one of the most common requests in our country. But what does the law say about this? To what extent may a terrace or garden be closed if it belongs to a community of owners? At Plan Reforma we have carried out an extensive investigation to find out how these cases are resolved and what the horizontal property law provides in this regard.

To gain square meters and maintain privacy, many If you have a terrace or garden, you want to close it off or put up partitions.

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Who owns my patio if I live in a condominium?

The Horizontal Property Law (LPH) is the regulation that regulates all aspects related to community of owners in Spain. It envisages the use of public and private common spaces, as well as any activity or repair that can be carried out in these spaces.

LPH is the law that regulates communities of owners in Spain. It should be borne in mind that the common areas are those that belong to all the owners of the building, both in terms of ownership and use, which means that all residents have the right to use them.

The common (but private) parts of a community of owners are those that belong to the community whose usufruct is limited to one of the owners who lives on the floors of the building. Most of these areas are usually terraces of duplex and ground floor apartments, but also terraces or roofs.

Since these are rooms for personal use, many landlords choose to do so Consider closing them.. But is it legal to do that? What defines horizontal property rights in this regard?

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Can I fence my patio if I live in a condo?

The horizontal property law states that owners of common spaces are for personal use You are not authorized to change the structure or configuration of these areas. In other words, you may not make permanent wall or floor fixtures or install enclosures or ceilings without the approval and approval of the community of owners.

Under no circumstances may the owners modify the structure or configuration of the terraces or gardens for personal use without obtaining the permission of the Municipality.. So if you’re looking to install a permanent fence on your patio or yard, be sure to discuss it with the other neighbors at a homeowners’ meeting. Even if no work is required on the fence, but attachment to the wall or floor, approval from the municipality is also required for this.

Also in case the whole case causes damage, All costs of repairing the building structure are the responsibility of the owner.

In addition to the consent of the rest of the neighbors, a building permit and a permit to fence a terrace or garden are required. But… can I limit the space of my patio or garden with devices? If we want to delimit our terrace or garden with partitions to increase privacy, we can do this as long as these elements are moveable and not permanent, although they stay in place permanently. Here, too, approval from the community of owners is required for attachment to the wall or floor.

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If we want to delimit our terrace or garden with dividing elements, it is possible as long as they are mobile. These aspects, which we carefully analyzed in the reform plan, must be taken into account. Violations of these provisions of the horizontal property law are subject to substantial fines, depending on the seriousness of the violation. In addition, the community of owners may complain that they have not applied for the appropriate permit.

Either way, there’s always Alternatives that allow us to gain space and privacy without having to carry out any construction work There are also no permits required, e.g. B. Screens, umbrellas or hiding nets.