In Spain it is common that in areas where there are many hours of sun in summer, the neighbors decide to protect their windows and balconies from the heat by installing awnings. In the field of real estate law, the question of whether one can install the awning of their choice in their home without requesting permission from the community of owners, raises many questions. According to data collected from different legal sources, the answer is not so simple and varies depending on the specific circumstances and the applicable regional laws.
What does the Horizontal Property Law say?
In Spain, the installation of awnings is regulated by the Horizontal Property Law (LPH). According to this law, any change that modifies the external appearance of the building must be approved by the majority of the community of owners. This includes, of course, the installation of awnings.
Autonomous regulations and municipal ordinances
Beyond the LPH, there are regional regulations and municipal ordinances that can influence this issue. Some autonomous communities have specific requirements that demand a certain degree of uniformity in the exterior elements of the buildings, including the awnings. In addition, in many municipalities, local ordinances may also establish specific requirements.
What happens if the community of owners is ignored?
Installing an awning without the necessary permission can have consequences. The community of owners can force you to remove the awning or even face a fine. In addition, this situation can generate conflicts between neighbors, which could alter coexistence within the community.
Can I choose the color and design of the awning?
The choice of awning color and design is often subject to community regulations and local ordinances. In many cases, the community of owners has the right to decide on the colors and designs that are allowed to maintain a uniform appearance of the building.
In summary, the question of whether you have the right to put up the awning you want without asking the community for permission is complex and depends on factors such as regional laws, municipal ordinances and the regulations of the community of owners. Before installing an awning, it is advisable to consult a real estate law professional to avoid future problems. Although the idea of freedom of choice can be attractive, it is important to remember that we live in society and often we must adhere to certain rules to ensure a harmonious coexistence.
