The rental of garage spaces in neighborhood communities is a common practice in Spain. However, the question arises as to whether you have the right to rent a garage space to someone else, that is, a person who is not a resident of the community.
In Spain, the regulation of the rental of parking spaces in neighborhood communities is mainly subject to the Horizontal Property Law (LPH) and the community statutes. It is essential to review both sources to understand the rights and restrictions related to renting garage spaces.
Neighborhood community rules
Use of private property: The LPH establishes that the owners of the parking spaces have the right to use, enjoy and dispose of them according to their destination. In principle, this allows an owner to rent their garage space to anyone, even if they are not a resident of the community. However, it is necessary to take into account other legal provisions and the statutes of the community. Some communities may require that the tenant be a resident of the community or that certain additional requirements be met. Obligations and responsibilities of the owner: If the necessary authorization is obtained, the owner must comply with his contractual obligations in the rental of the garage space. This involves writing a lease that will end the terms and conditions of the rental, as well as the responsibilities of the tenant and landlord.
Additional considerations
It is important to mention that some autonomous communities or municipalities may have specific requirements related to the rental of parking spaces. Therefore, it is advisable to check the local regulations that could affect the rental of the garage space in question.
In other words, in Spain, the owners of garage spaces in neighboring communities generally have the right to rent their property to people who do not reside in the community. However, it is essential to review the community bylaws, obtain the approval of the board of owners and comply with the applicable local regulations. It is advisable to consult a legal advisor or a property manager to obtain more precise and personalized information on the specific situation.
And the most important thing is to have the authorization of the community, since it continues to be a space in which someone from outside must be allowed to enter, even if it is only the garage rental. As well as having the authorization of the owner in case of being a tenant.
In cases like these, it is very important to be respectful of the rest of the community and have the permits and give the corresponding notices, since you should not step over anyone. It is better to have open and transparent communication with the entire community, thus maintaining a respectful and harmonious relationship with all the neighbors and owners. In addition, you must be informed of the regulations not only internal to the community but also to the municipality so as not to violate any legal regulations and expose yourself to problems with the law.
