spanish property law - property owners rights in spain

8/6/2019 Spanish Property Law - Property Owners Rights in Spain

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What you need to know about

Pro ert In S ain

Your Rights and Duties as a

S anish Pro ert Owner



Legal Note - It should be remembered that the application of Spanish law varies considerably according to region and the circumstancesof each individual and so this report can be treated as a general guide only and not as a substitute for qualified legal advice regarding any particular situation. Responsibility for acting on foot of this guide alone is entirely personal and no liability can be accepted by

myAdvocate Spain. For a link to where you can get advice on your specific situation from expert legal practitioners in Spain please seethe end of the guide.

Property Owners'

Responsibilities in Spain

When a villa is being purchased in Spain then the legal responsibilities of the owners often end at the

boundaries of their residence. However, it is more usually the case, especially in Spain, that the property is an apartment or a detached residence within an urbanization.

The owners of property within residential complexes that provide shared amenities for example porter service, lifts, swimming-pools and grounds maintenance etc. are responsible financially to maintain

those shared facilities.

To manage such matters each building complex or urbanisation has a Community of Owners whichwill have a President and a Secretary and will hold meetings each year to discuss and decide on issues

of mutual interest regarding the maintenance of the community fixtures and amenities. The purpose of

this report is to highlight the most important aspects of this responsibility and to make sure that newowners of property in Spain are aware of these issues. Each Community of Owners is regulated by the

'Ley de Propiedad Horizontal' legislation of 1960, as revised by legislation in 1999.

Common Ownership

Upon purchasing a property in a complex or urbanisation the new owner also becomes the owner of a

fraction of the common areas of the complex. The common areas are split into hundredths and each

owner has a specific number allotted to them typically according to the size of the property that theyown in the complex.

Of course with ownership comes responsibility and there is an annual fee to be paid in order tomaintain all of the common areas and amenities. The fee paid by each owner corresponds to the

number of shares in the complex that they have been allotted. The number of shares that have been

allotted to each property can be discovered by checking the title deeds of the property.

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Meetings

The annual general meeting held each year is when the officers of the community are elected and whenthey must provide the yearly accounts which describe in detail how the fees have been spent in the

previous year and the budget for the following year is set.

The basic objective of the annual meeting is to decide on all of the most important questions that

impact on the organisation and functioning of the community. Six days notice must be given to each

owner regarding the holding of a general meeting.

The decisions of the meetings are taken by a vote with each owner's vote being weighted according to

the number of shares they have been allotted in the community. A simple majority is normallysufficient for most decisions and if an insufficient number of owners attend the meeting to provide that

majority a second vote may be held half an hour later that only requires a simple majority of those present.

The decisions reached must be written down in minutes and a summary of the decisions must be sent to

each owner for it to have effect in law. If an owner has an objection to any decision they must formally

protest within 30 days.

Obligations of the Community of Owners

The community of owners is obliged to carry-out from time to time the building work and repairs

necessary to adequately maintain the fitness for purpose of all buildings with particular regard being

had to structure, safety, accessibility and habitability. Any owners who object to or delay the carrying-

out of such repairs can be held personally liable for any administrative penalties suffered by thecommunity.

The community is also required to carry-out alterations necessary to provide access to the building for any disabled person or persons over seventy years of age who are living there where the cost does not

exceed the amount of three month's community fees.

A common issue that can affect communities of owners is the failure of one or more of the owners to pay the annual community fee. It becomes the responsibility of the community to pursue such debtors,

eventually via the courts if necessary. Before getting to that point the community must have reached the

decision to deal with the debtor at a legally convened meeting and have communicated this decision tothe debtor-owner in the prescribed manner.

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Owners' Obligations Regarding Private Property

Each property owner may make those alterations they consider appropriate to their property as long as

no alterations are made to the common structure of the building nor should there be any detrimentalimpact on the properties of the other owners.

Property owners may not carry out any activities (or professions) within their dwellings that are prohibited by the statutes of the community of owners or which may be described as dangerous,

damaging or detrimental in general.

Any other owner may formally complain to the President of the Community of Owners about any such

activity whereupon they President shall request the immediate cessation of all such activities beforeinitiating legal measures approved by a meeting of the community of owners.

Each owner should also maintain their property in a good state such that no damage is caused to other

properties as a result of failure of any installation in their property.

Owners' Obligations Regarding Common Areas

Any area of the building or urbanisation that is not reserved for the exclusive use of any of the

individual owners is by definition a common area, available for use by all. Common areas are normallyone of four possible types:

1) Physical structures (foundations, pillars, floors, façades)2) Installations, Conduits (Electrical installations, Guttering)

3) Community Areas (Swimming-pools, playgrounds, gym areas)

4) Service Areas

Each property owner has the right to use and enjoy common areas of the building or urbanisation in

common with the other property owners. However, they may not alter any common area and if there is

an urgent need to repair a common area this should never be undertaken privately but communicated to

the administrator of the community.

Property owners must consent to access to their private property where necessitated to carry out work necessary to maintain common areas.

Should the community vote to install common telecommunication equipment they may not insist that

those owners who voted against should pay a proportional part of the cost. However, should those who

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voted against the installation decide at a later date that they wish to benefit from it then they may do so

by paying the requisite amount with legal interest added.

Summary

Given the predominance of apartment buildings and urbanisations in Spain, the area of law relating toshared ownership is truly vast and unfortunately only a brief and general overview is possible here. But

at least a flavour can be given regarding the important nature of the Community of Owners in Spain

and the need to be an active participant in the proceedings of the community can be appreciated.

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