Horizontal Property Act - Part 2

Published on 28/11/2006 in Your Spanish Home

Click here for part 1 in the series of these articles.

The internal rules of the community

Together with  the Statutes, the owners can stablish certain rules for the regulation of their life together and the adequate use of services and common issues.
This rules are binding, although, just simple mayority of votes is required for its modification.

What  building works are allowed?

Every owner can  just do building works in his flat or premise, modifying its architectural elements, installations and services, provided:

  • The safety of the building, its general framework and its outer configuration and condition is not altered. 
  • None of the other owners’ rights is damaged.
  • Those building works are previously communicated to the Community.
  • Owners can do no alterations in the rest of the building. If urgent repairs are needed, it will have to be communicated to the administrator.

Which are the forbidden activities?
Owners and users of  apartmnents or premises cannot perform in their properties or in the rest of the building, those activities which are forbidden in the statutes, those which are damaging for the building or are against the General Rules on annoying, unhealthy, harmful, dangerous or illicit activities.

The President of the Community of Owners either by own initiative or by the initiative of any of the owners or users, must request to whoever may do any of the before mentioned prohibited activities to inmediately stop, or inform that person about the legal actions against him/her that might be started if the behaviour is not stopped.

If the offender persist doing it, the President, once authorised by the commitee of owners, can take it into Court.  In order to do that, the Community  needs to use a lawyer, a Procurator is not necessary (although very recomendable).

Once the lawsuit is in the Courts with the attached document on the solicitation made to the offender, together with the agreement taken by the board of owners, the Judge can pass a provisional decision on the immediate cessation of the prohibited activity and pass any other precautionary measure.  

After the necessary judicial procedure, the Judge will pass judgement in order to pass any or all the following measures: 

  • The offender to stop the forbidden activity once and for all.
  • The offender to compensate the Community for the produced damages.
  • The ofender to be deprived of the right to use the house or premise for a period no longer than three years.
  • A lawyer can provide legal advice on these issues according to the specific particulars of every case.


Joint and division of apartments and/or premises
Apartments and premises can  be divided and/or joined together, either totally or partially.
For those cases, the unanimous consent of the Community of Owners is required, and new shares need to be calculated for the refurbished flats.


Written by: Maria de Castro

About the author:

Maria de Castro is a Spanish Lawyer and the Director of the Law Firm www.costaluzlawyers.es.

Costa Luz Lawyers are contract and consumer real estate law specialists covering all parts of Spain. You can contact Maria at mldecastro@costaluzlawyers.es

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sonia cull said:
23 May 2013 @ 18:38

can the community change the design of my community by adding security gates that many of us do not want?

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