IT is possible to legally claim your building’s communal Spanish rooftop as your very own exclusive private terrace, this is how it’s done.
With the Ley de Propiedad Horizontal (Horizontal Property Law) individuals can stop their neighbours from stepping foot on their shared rooftop spaces, if all in the community agree. Those in debt to the community however do not have a vote.
Under article 17.6 of the law, a resident is able to propose that they exclusively use part, or all, of the roof to their neighbours.
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This proposal must be discussed by the group in a community meeting and if all residents unanimously conclude that they are happy for the space to become exclusive to one individual, it is approved.
One objection or disagreement does however mean that the rooftop remains a space for all.
If approved, the terrace’s use becomes exclusively linked to one owner but it remains a common element of the building meaning that the community still must be thought of throughout its use.
Inconvenience should not be caused to yellow residents and, unless agreed upon by all in the community, no changes to the structure should be made.
This means that plants cannot be screwed to walls and that nothing can be anchored to the ground.
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If the newly exclusive owner wants to make these changes they must include it in their initial proposal or organise another meeting and hold a second vote which, once again, must be unanimous for the changes to be allowed.
The day to day maintenance of the space is the responsibility of the exclusive user but larger issues, such as damp, are to be paid for by the whole community.
This is unless the damage is caused by a change made by the exclusive owner, such as new tiles leading to damp or heavy pots scratching paving stones.
It is heavily advised that those who obtain sole use of a communal rooftop space formally register their new land in the land registry.
While this move comes with a hefty price tag of 3,000, it is worth it as otherwise new residents moving into the community can begin using the terrace as they were not involved in the initial agreement that handed over exclusive use.
This same process can be carried out by residents for other shared spaces such as ground level patios or even garages.
The key condition for all of these environments is that 100% approval must be made by each resident in the community. If this does not occur, the space remains shared.
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