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Date Published: 12/09/2024
Community of owners in Spain: Rules for using a shared terrace
These are the dos and don’ts for using a shared community terrace area in your Spanish community
One of the major doubts people have when it comes to using the common areas of their building or community is what they are and aren’t allowed to do on rooftops and terraces that are owned by the community as a whole.
According to community administration and arbitration experts Heniam & Associates, who manage the affairs for communities on Spanish residential resorts, essentially, what you may and may not do in these shared areas depends on the regulations set by the community of owners.
As such, it pays to be aware of the rules laid out by the owners’ association if you are thinking of buying or renting a property.
Difference between communal and private terraces
Some terraces are private property, which are those that enter into the built square metres of the property you have purchased or rented. An area for common usage is defined as to any open area that complies with the necessary security measures to be used by homeowners in the community and is delineated as such in the community statutes.
Other community areas are usually gardens, swimming pool, cleaning closets, metre rooms, hallways, elevators, stairs and more. In apartment buildings, the community terrace will usually be on the roof of the building, but in a block of villas it may be a central square or courtyard.
Of course, just because a terrace is for private use does not mean that you can do whatever you want on it: there are limits that you should know and that have to do with basic respect and common courtesy for the rest of your neighbours.
To find out whether your terrace is for communal or private use, you can consult the rental or purchase contract for your property, as well as check in the community of owners’ statutes.
The law that regulates community terraces in Spain
As a general rule, article 9.1 of the Horizontal Property Law states that it is an obligation of each owner (and, by extension, of any tenant) “to respect the general facilities of the community and other common elements, whether they are of general use or private property of any of the owners, whether or not they are included in their apartment or premises, making appropriate use of them and avoiding at all times causing damage or damage.”
Furthermore, article 7.2 of the same law states that the owners or occupants of a home or premises may not carry out activities prohibited in the statutes or those that are harmful, annoying, unhealthy, harmful, dangerous or illegal.
Rules for the use of a community terrace
Taking into the legal aspects, you may not carry out any activities that are expressly prohibited by the community of owners’ regulations, nor those that, by their nature, are annoying or harmful to others.
Using the common outdoors areas FAQ
Can I go up to the roof of my building?
Normally, yes, as long as it is a walkable surface that complies with all safety measures. The times you can do this may be limited, especially so as not to disturb people who live nearby.
Can I have a party on the community terraces?
In this case it will be necessary to comply with what the statutes indicate. It is common for this type of activity to be prohibited, but there are also statutes that allow this possibility, providing you meet certain requirements to avoid disturbing the rest of the neighbours or causing damage to the facilities. It is also possible that there is no express prohibition, but that you may not be allowed to do it anyway because it is an intrinsically annoying activity.
Can I sunbathe on the community terrace?
This is a use that is permitted in principle, but may be limited in the community statutes. In some cases its ‘legality’ is implicit (for example, in communities with a swimming pool and solarium). As for going topless, this activity can be regulated internally in the statutes, but in principle it would be allowed, unless expressly prohibited.
Can I do yoga or sports in the common areas?
Again, it depends on what the statutes say or what the neighbours themselves agree to. For example, during lockdown it was very common to use common areas to do sports and relax, but those were extraordinary circumstances.
Can I hang my clothes out to dry there?
This is one of the most frequent cases and it is normally understood that it is a permitted use. The statutes may also contemplate and regulate this possibility, as well as under what terms the necessary installations for laying may be carried out (washing lines attached to walls etc.)
Can the use of the community terrace be prohibited?
So when might you be prohibited from using the community terrace at all costs? This is a rare occurrence that clashes with the Spanish Civil Code; article 394 tells us that “each participant may use the common elements, provided that they use them in accordance with their purpose and in a way that does not harm the interest of the community, nor prevent the co-participants from using them according to their right.”
Can I book common areas for my own personal use?
At times, you may wish to make private use of a community terrace space, for example if you wanted to celebrate a private function like a birthday party and didn’t want other neighbours butting in. This is possible, but only with the express permission from the community of owners.
Remember that you must respect the community regulations at all times and leave everything just how you found it if you want to avoid possible sanctions or problems with the rest of your neighbours.
Fines for improper use of the community terrace
It must be taken into account that neither the owner nor the occupant of a home is allowed to carry out activities in it or in the rest of the property that are prohibited in the statutes, that are harmful to the property or that contravene the general provisions on annoyances, health and safety or legality.
The president of the community, on their own initiative or on the initiative of any of the owners or occupants, may urge the person who carries out prohibited actions to cease their conduct and, if not, may initiate appropriate legal actions.
Furthermore, it is possible not only to obtain the cessation of the prohibited activity, but also compensation for damages, if applicable, and even the deprivation of the right to use the premises for a period of no more than 3 years, depending on the seriousness of the infraction and the damage caused to the community.
If the offender is not the property owner, the sentence may declare all rights relating to the home or premises permanently extinguished, as well as its immediate release.
In cases of disagreements between homeowners or tenants in a community, administration and arbitration professionals Heniam are on hand to help communities and urbanisations run smoothly and harmoniously.
Contact Heniam & Associates today for more information:
Address
Office 1: Monteclaro 1, 30389 La Manga Club / Office 2: Calle Delta del Danubio, 30385 Los BelonesTel: 0034 868 707 917
Mobile: 0034 689 017 754
Mobile: 0034 689 017 754
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Heniam & Associates for Conveyancing, paperwork, legal advice and immigration throughout the Region of Murcia
Catering for the needs of expats living all over Spain, and particularly in the Costa Cálida and the Costa Blanca, Heniam & Associates offer a wide range of services including conveyancing, legal and administrative advice.
At the same time, their team of dedicated professionals appreciate the need to assist you in an easy and reliable manner, allowing you as much time as possible to enjoy your freedom, relax and make the most out of life in Spain. Without sacrificing efficiency, they offer personalised services to each and every client, listening to their needs in order to provide exactly the right service and desired outcome.
In the all-important field of Legal and Administrative Services, Heniam & Associates provide help in a wide range of matters including (but not limited to):
- Conveyancing
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Whether taking advantage of our conveyancing services or any other legal matter Heniam & Associates’ business partner HeniamLegal will represent you in the best possible way, excelling especially in their conveyancing service.
When buying a property in a foreign country it can be challenging to understand all of the
steps that have to be taken. Heniam knows that buying a home can be stressful and
they want to ensure that you have the resources that you need to make sure that the
transaction is as smooth as possible so that you can start to enjoy your new home without worrying about the details and any purchase pitfalls.
HeniamLegal will be on hand to assist you with every part of the process. They have
dedicated professionals on hand to assist you every step of the way ensuring that all
of the relevant checks and investigations are carried out and, of course, negotiating on your behalf and protecting your interests. You will always have the support you need with HeniamLegal and Heniam & Associates.
In addition, translation services are provided either for written documents or for occasions such as visits to the doctor or to administrative offices, and assistance is provided in finding the best deal on foreign currency transfers.
They have two offices in the Region of Murcia, one on La Manga Club and one in Los Belones:
Heniam & Associates La Manga Club
Monteclaro, 1
30389
La Manga Club
Murcia
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Heniam & Associates Los Belones
Calle Delta del Danubio, 3
30385
Los Belones
Murcia
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Afternoon appointments available on request
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