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Requirements for closing a private terrace in an apartment building

Posted by inm on 2018-03-22
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Until the entry into force of the reform of the Spanish Home Ownership Act (WEG), by Law 8/2013, adopted on 27 June 2013, the following conditions had to be fulfilled when closing a private terrace in an apartment building: unanimous decision of all neighbors of the owner community, since this was a change in the founding title of the Community and any change to this document requires unanimity. It was therefore an excessively strict rule, especially with regard to the unanimity required.

Following the aforementioned reform of the Housing Property Act (WEG) by Law 8/2013, the unanimity rule has now been relaxed in these specific cases where private terraces in multi-family homes are closed. Now 3/5 of the votes of the owners are necessary. However, these must also represent 3/5 of the total shares.

Nevertheless, this majority at the owners’ meeting is not the only requirement to close a private terrace. Article 10.3.b) of the Home Ownership Act clearly states that this requires prior regulatory approval, ie. Before the vote at the owners’ meeting, it is necessary that the municipality (or other competent authority) has issued the necessary license or permit at the place where the apartment building is located.

Likewise, it is also required, under the said Article, that the consent of the owners affected by the works must be given. These must explain and prove which impairment they suffer from the closure of the terrace.

An important point is the fact that the community of owners has the right to comment on the form in which the closing works are carried out on the terrace and in the event that a conflict arises with the applicant / owner, it may be requested that a technical Professional makes a judgment in this regard.

The owner, who wants to close his terrace and has a permit from the authority, as well as the required 3/5 majority of the community of owners, will bear all costs incurred in the said closure and, if necessary, compensation for the inconvenience caused to other persons arise and can also prove this. The owners’ meeting will vote on who can apply for the technical report in the event of disputes between the beneficiary and the victim / victim.

In the event that we undertake the closure of our private terrace without regulatory approval and the support of the 3/5 majority of the homeowners’ community, which must be equal to 3/5 of the ownership, we run the risk of double risk:

That a sanction or demolition procedure is initiated by the municipality or the competent authority, since the closure was carried out without a corresponding license or license.
That the community of owners sued us in court to get the closure dismantled and the patio restored to its old condition. Of course, we would have to pay for the resulting costs, as well as for any compensation payments to the community and any neighbors.

Feliu Martorell
Illeslex

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