Guide for presidents
Works in common areas of a Spanish community of owners: who approves them and who pays
Which works need no vote, which require three fifths, and where the limit lies on what each resident can do in their own unit, under the Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act).
By the Vecinar team · Updated on
Mandatory works: no prior agreement of the owners' meeting
“Work and works needed for the proper maintenance and fulfilment of the duty of upkeep of the property and its common services and installations” are mandatory and do not require a prior agreement, including those needed for safety, habitability and universal accessibility (art. 10.1.a). The same applies to works imposed by the authorities (art. 10.1).
Units are liable for paying for these works on the same terms as general expenses, and owners who unjustifiably delay an order from the authorities are individually liable for the penalties (art. 10.2). Common elements can be occupied during the works (art. 10.1.c).
Repairs and urgent works
- The owners' meeting approves the budgets and the execution of repair works on the building, ordinary or extraordinary (art. 14.c).
- The property manager (administrador) orders urgent repairs and measures and immediately informs the president or the owners (art. 20.c).
Improvements and innovations
- Innovations, new installations or improvements not required for upkeep, habitability, safety and accessibility need the vote of three fifths of the owners and of the shares (art. 17.4).
- So do building new floors, enclosing terraces, modifying common elements and any alteration of the structure or fabric of the building (art. 17.4).
- No innovation can make part of the building unusable for an owner without their express consent (art. 17.4).
- Accessibility and energy efficiency works have their own majorities (art. 17.2): we cover them in the guide on the lift.
Works inside your unit
An owner can modify the architectural elements, installations or services of their unit if this does not impair or alter the building's safety, its general structure or its exterior configuration or condition, nor harm the rights of another owner, and must inform whoever represents the community beforehand. In the rest of the building they cannot make any alteration (art. 7.1).
Permit, responsible declaration or notification
The horizontal property law decides who approves the works; each town hall decides the planning procedure (licencia, declaración responsable or comunicación). On our pages of communities of owners by province we set out, with its official source, the rules in Madrid, Barcelona, Valencia, Seville and Zaragoza.
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Vecinar records what happens before and after the works.
- Incidents with photos and status (open, in progress, resolved) to document the fault.
- Quotes, contracts and minutes of the works in folders.
- Announcements of water cuts, scaffolding or noise for all residents.
Frequently asked questions
Do works in common areas have to be voted on?
No, if they are needed for upkeep, safety, habitability or universal accessibility: they do not require a prior agreement (art. 10.1). Repairs the owners' meeting must approve need the general majority of art. 17.7. Improvements that cannot be required need three fifths (art. 17.4).
Can a resident refuse to pay for an improvement?
A dissenting resident is not bound to pay for an improvement that cannot be required whose charge exceeds three ordinary monthly payments of common expenses, if it was approved by three fifths (art. 17.4).
Who decides on an urgent repair?
The property manager orders urgent repairs and measures and immediately informs the president or the owners (art. 20.c), and the owners' meeting is informed of them (art. 14.c).
Can an agreement on works be challenged?
An agreement that is contrary to the law or the bylaws, seriously harmful to the community or that causes serious harm to an owner can be challenged in court; the right to challenge expires after three months, or after one year if it is contrary to the law or the bylaws (art. 18).
Sources
This guide is for information only and is not legal advice. Check your community's bylaws too. The Ley de Propiedad Horizontal (LPH, Spain's Horizontal Property Act) is national law: in Catalonia, Book Five of the Civil Code of Catalonia applies instead.