In the complex framework of horizontal property in Spain, a recurring question is whether or not to install an enclosure on the terrace without the permission of the community of neighbors. This issue, regulated by the Horizontal Property Law (LPH), generates debate and frequently leads to situations of tension between neighbors. Legal references and jurisprudence will help us shed light on this issue.
What does the Horizontal Property Law (LPH) say about enclosures?
The Horizontal Property Law, in its article 7.1, establishes that no owner can make modifications in the common elements, nor in the façade or the roof, without the consent of the community. This legal framework defines an enclosure as a modification of the common element that alters the aesthetics of the building, which would require the agreement of the majority of the owners.
When is community authorization necessary for an enclosure?
Not all enclosures require community approval. According to the jurisprudence of the Supreme Court, the enclosures that do not modify the common elements do not alter the aesthetics of the building or affect its safety or structure, and could be carried out without the permission of the community. However, in case of doubt, it is always advisable to consult with a legal expert or request the corresponding authorization to avoid possible conflicts.
What happens if you install a fence without permission?
If an enclosure is installed without the necessary authorization, the community can demand its removal. In addition, the offending owner may face financial penalties and, in some cases, payment of damages. Therefore, before proceeding with any type of enclosure, it is essential to be sure that you comply with the legal requirements.
How do you request permission for an enclosure?
To apply for the permit, the owner must submit a detailed technical project to the board of owners. This documentation must include, among other aspects, the details of the work, the aesthetic and structural impact, as well as the approval of a competent technician. The agreement will be adopted, as a general rule, by the majority of those present at the meeting, who in turn represent the majority of the participation quotas.
In conclusion, although there may be a temptation to carry out an enclosure without permission from the community, the consequences of doing so can be serious. Therefore, it is essential to be properly informed and follow the established procedures to avoid possible legal problems or conflicts with the neighbors.
