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Date Published: 12/09/2024

Community of owners in Spain: Rules for using a shared terrace

These are the dos and don’ts for using a shared community terrace area in your Spanish community

One of the major doubts people have when it comes to using the common areas of their building or community is what they are and aren’t allowed to do on rooftops and terraces that are owned by the community as a whole.

According to community administration and arbitration experts Heniam & Associates, who manage the affairs for communities on Spanish residential resorts, essentially, what you may and may not do in these shared areas depends on the regulations set by the community of owners.

As such, it pays to be aware of the rules laid out by the owners’ association if you are thinking of buying or renting a property.

Difference between communal and private terraces

Some terraces are private property, which are those that enter into the built square metres of the property you have purchased or rented. An area for common usage is defined as to any open area that complies with the necessary security measures to be used by homeowners in the community and is delineated as such in the community statutes.

Other community areas are usually gardens, swimming pool, cleaning closets, metre rooms, hallways, elevators, stairs and more. In apartment buildings, the community terrace will usually be on the roof of the building, but in a block of villas it may be a central square or courtyard.

Of course, just because a terrace is for private use does not mean that you can do whatever you want on it: there are limits that you should know and that have to do with basic respect and common courtesy for the rest of your neighbours.

To find out whether your terrace is for communal or private use, you can consult the rental or purchase contract for your property, as well as check in the community of owners’ statutes.

The law that regulates community terraces in Spain

As a general rule, article 9.1 of the Horizontal Property Law states that it is an obligation of each owner (and, by extension, of any tenant) “to respect the general facilities of the community and other common elements, whether they are of general use or private property of any of the owners, whether or not they are included in their apartment or premises, making appropriate use of them and avoiding at all times causing damage or damage.”

Furthermore, article 7.2 of the same law states that the owners or occupants of a home or premises may not carry out activities prohibited in the statutes or those that are harmful, annoying, unhealthy, harmful, dangerous or illegal.

Rules for the use of a community terrace

Taking into the legal aspects, you may not carry out any activities that are expressly prohibited by the community of owners’ regulations, nor those that, by their nature, are annoying or harmful to others.

Using the common outdoors areas FAQ

Can I go up to the roof of my building?

Normally, yes, as long as it is a walkable surface that complies with all safety measures. The times you can do this may be limited, especially so as not to disturb people who live nearby.

Can I have a party on the community terraces?

In this case it will be necessary to comply with what the statutes indicate. It is common for this type of activity to be prohibited, but there are also statutes that allow this possibility, providing you meet certain requirements to avoid disturbing the rest of the neighbours or causing damage to the facilities. It is also possible that there is no express prohibition, but that you may not be allowed to do it anyway because it is an intrinsically annoying activity.

Can I sunbathe on the community terrace?

This is a use that is permitted in principle, but may be limited in the community statutes. In some cases its ‘legality’ is implicit (for example, in communities with a swimming pool and solarium). As for going topless, this activity can be regulated internally in the statutes, but in principle it would be allowed, unless expressly prohibited.

Can I do yoga or sports in the common areas?

Again, it depends on what the statutes say or what the neighbours themselves agree to. For example, during lockdown it was very common to use common areas to do sports and relax, but those were extraordinary circumstances.

Can I hang my clothes out to dry there?

This is one of the most frequent cases and it is normally understood that it is a permitted use. The statutes may also contemplate and regulate this possibility, as well as under what terms the necessary installations for laying may be carried out (washing lines attached to walls etc.)

Can the use of the community terrace be prohibited?

So when might you be prohibited from using the community terrace at all costs? This is a rare occurrence that clashes with the Spanish Civil Code; article 394 tells us that “each participant may use the common elements, provided that they use them in accordance with their purpose and in a way that does not harm the interest of the community, nor prevent the co-participants from using them according to their right.”

Can I book common areas for my own personal use?

At times, you may wish to make private use of a community terrace space, for example if you wanted to celebrate a private function like a birthday party and didn’t want other neighbours butting in. This is possible, but only with the express permission from the community of owners.

Remember that you must respect the community regulations at all times and leave everything just how you found it if you want to avoid possible sanctions or problems with the rest of your neighbours.

Fines for improper use of the community terrace

It must be taken into account that neither the owner nor the occupant of a home is allowed to carry out activities in it or in the rest of the property that are prohibited in the statutes, that are harmful to the property or that contravene the general provisions on annoyances, health and safety or legality.

The president of the community, on their own initiative or on the initiative of any of the owners or occupants, may urge the person who carries out prohibited actions to cease their conduct and, if not, may initiate appropriate legal actions.

Furthermore, it is possible not only to obtain the cessation of the prohibited activity, but also compensation for damages, if applicable, and even the deprivation of the right to use the premises for a period of no more than 3 years, depending on the seriousness of the infraction and the damage caused to the community.

If the offender is not the property owner, the sentence may declare all rights relating to the home or premises permanently extinguished, as well as its immediate release.

In cases of disagreements between homeowners or tenants in a community, administration and arbitration professionals Heniam are on hand to help communities and urbanisations run smoothly and harmoniously.

Contact Heniam & Associates today for more information:

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