Reform in my property, what do I have to do with the Community of owners?

When we acquire a property or premises, it is common that, due to its condition, personal preferences or family needs, it is necessary to carry out works that, in many cases, imply a complete or partial renovation of the property.

It is essential to remember that when we buy our property, we also acquire a part of a building whose common elements and installations belong to the other owners.

Sometimes, the owner may forget this co-ownership of the common elements and unilaterally decide to intervene in these areas. That is to say, to carry out work without first obtaining the consent of the other owners.

As an initial step, it is crucial to be clear about where the exclusive ownership of the property/premises acquired ends and where the co-ownership of the other elements of the building begins.

The experts of the Colegio Profesional de Administradores de Fincas (Professional Association of Property Administrators) wanted to clarify these doubts. According to article 3 of the Horizontal Property Law (LPH), it corresponds to each flat or premises:

– The airspace of the flat or premises sufficiently delimited and susceptible of independent use.
– The architectural elements and installations of all kinds included within its limits and which serve exclusively the owner.
– The annexes expressly indicated in the title, even if they are outside the delimited space, such as garages, attics or basements.
– The rest of the elements or installations that are not defined as private elements will be considered as common elements (art. 396 Civil Code) [𝟏].

Therefore, in order to corroborate that the works we intend to carry out will not alter the common elements or installations of the property, the LPH, in art. 7.1, states that “the owner of each flat or premises may modify the architectural elements, installations or services of the same, when it does not impair or alter the safety of the building, its general structure, its external configuration or state, or prejudice the rights of another owner, having to give prior notice of such works to the person representing the community. In the rest of the building, no alteration whatsoever may be carried out, and if he notices the need for urgent repairs, he must inform the administrator without delay”.

The purpose is none other than to verify that these works do not affect the safety, general structure, configuration or exterior condition of the building.

For this reason, the LPH obliges the owner to inform the president of the community of the type of works to be carried out and, in the case of works that alter the original configuration or structure of the common elements of the property, to obtain the prior consent of the owners. Consequently, the owner will have limitations when the works affect:

The safety of the building.
The general structure of the building, e.g. floor slabs, walls, and main walls.
Its external configuration or condition, such as the façade.
Causes prejudice to the rights of another owner.
Any other communal element, service or installation.

Therefore, when any of these cases arise, the owner must not only inform the president of the community, as the legal representative of the same, of his intention to start the works, but must also have prior consent if these works require the alteration of the common elements of the building.

The authorisation of the work must be granted by the general meeting, not by the president of the community, who cannot decide alone and supplant the will of the community.

Therefore, if there are indications that an owner is carrying out works that may affect the common elements or installations of the building, such as changing the general pipes, not only must he be warned of this, but he will also need the prior authorisation of the community.

In the event that the owner does not give notice and in any case proceeds with the reform, the community can adopt the agreement by simple majority (art. 17.7 LPH) to initiate ordinary proceedings against this owner so that the demolition of the work and its restoration to its original state can be judicially decreed.