Is it legal to use a parking space as a storage room?

Many of the complaints we receive the most at Meridional have to do with the use, abuse or occupation of common or transit areas in the community by a private element. In the case of garages, it has to do with the inappropriate use of parking spaces, which have ended up looking more like a storage room than a place to keep the car. So the question arises, is it legal to use a parking space as a storage room? Join us as we unravel the legal and practical implications of this question.

What do the Statutes of the Community of Property Owners say?

These bylaws contain the guidelines that we must review to determine if this use is permitted and under what conditions. Each Homeowner's Association has the authority to establish whatever restrictions it deems appropriate for the property and its residents. 

If the Bylaws do not address this issue, any neighbour can suggest that it be discussed at a meeting of the Board of Owners.

In most Communities of Owners, the general rule is to respect the rights of other neighbours when considering this alternative use. Therefore, certain limits are usually established that are in line with common sense and the basic rules of coexistence.

Therefore, the most important thing is to avoid conflicts with neighbours by keeping the parking space clean and well organised, following the guidelines set by the community and ensuring a harmonious coexistence for all.

Can it be legal even if it is not in the statutes?

Doubts may arise mainly in individual garages, because in closed garages, it seems to be assumed that there is no problem for everyone to store their belongings as if it were a conventional storage room. 

Current regulations

The specialists of the Professional Association of Property Administrators of Malaga point out that, although the Law of Horizontal Property (LPH) refers mainly to dwellings and premises, its rights and obligations also apply to all properties, including parking spaces. 

According to article 3.a) of the LPH, each flat or premises has "the singular and exclusive right of ownership over a space sufficiently delimited and susceptible of independent use...". 

In addition, Article 7(2) of the same law law prohibits owners and occupiers of flats or premises from carrying on activities on them or on the rest of the property which are prohibited by the bylaws, which are detrimental to the property or which are which contravene the general provisions on annoying, unhealthy, harmful, dangerous or illegal activities.

So what prevents me from using my parking space as a storage room?

For example, if I keep my belongings in the space allocated for my parking space, and the community statutes do not prohibit such action, and furthermore, the objects are not annoying, unhealthy, harmful or dangerous, it seems that this cannot be prevented.

Indeed, it seems that there would be nothing to prevent this, except that there is an urban planning regulation that public administrations require when they grant parking spaces an activity or operating licence. 

This regulation is very clear because it states that this space is intended for the transit and parking of motorised vehicles, so from the outset its facilities must be kept adapted to several specific regulations, such as, for example: 

• Obligation to have a fire hydrant 
• Special fire extinguishers
• Signage and maintenance of the vehicle access door 
• Fire panel with CO2 probes 
• Emergency lighting, 
• Curb cut and ford charges 
• Own insurance policy, separate from the Community insurance policy

Therefore, placing certain objects on the floor is not prohibited in principle, unless the community statutes or the law itself expressly prohibits it. The law makes it very clear that toxic, flammable or highly polluting elements are not allowed, such as, for example, a battery, which contains an acid that is corrosive and toxic and is within the reach of children, to whom it can cause abrasions.

Meridional's recommendation

Based on the above, Meridional recommends not to use parking spaces as storage rooms. Although the law may allow a certain degree of flexibility, there are important considerations that must be taken into account. 

The most important of these include respect for the rights of other neighbours, compliance with planning regulations, and potential liability in case of accidents, especially fires. 

In addition, it is essential to be aware of insurance implications and the need to inform companies of any changes in the use of parking spaces. 

Therefore, in order to maintain a harmonious and safe coexistence in the community, we suggest avoiding the use of parking spaces as storage rooms.

We would also like to remind you that in the event that an owner wants to close his parking space and use it as a storage room, he must have the unanimous consent of the owners' meeting.

Parking space as storage room: Other considerations

Garage owners often look for creative ways to make the most of the available space. Some have opted to install shelves on the walls and columns, while others have even placed cupboards in their parking spaces. In both cases there are certain requirements to be met and a few steps to be taken.

Interestingly, the installation of a locker would be considered less "illegal" if it meets certain conditions. For example, the locker must not be permanently fixed inside the parking space, it cannot hinder manoeuvrability, it cannot hinder passengers getting in and out, and it must comply with all laws, as well as with the consent of the Community.

On the other hand, if it is desired to install shelves or other elements on the walls or columns of the squares, this would imply a modification of the common elements of the building. In order to carry out this modification, the approval of at least 3/5 of the total number of owners and coefficients of the building would generally be required.

Courts and Insurers

There are cases in which courts and tribunals are recognising some rights to be able to store certain objects in our parking spaces, but we must always bear in mind the legal liability for damages that may arise from these stored objects. 

Motor vehicles have flammable fuel tanks, and if they catch fire, these stored items could help spread the fire and therefore increase our liability. 

This is not a trivial issue, especially with the problems that are arising in some electric vehicle charging points, cases that we will be encountering more and more and to which we will dedicate a full article.

For this reason, we recommend consulting with both the insurers of the homeowners' association and our home insurance, to clarify which contingencies and risks would be covered and which would not. In this way, if possible, we may be able to achieve complete coverage between both insurances.

Legal obligations and liability

Regardless of the flexibility that courts and tribunals may be showing in allowing the storage of certain objects within the spaces delimited by a parking space, we must not forget the provisions and obligations imposed by urban planning regulations. These regulations are designed for the transit of vehicles and their safety, not for the storage of objects. 

The liability that we could assume in case of fire is considerable (not only in financial terms), so it is crucial to be clear about the coverage of community and home insurance. In addition, the community has the right (and we would almost say the obligation) to take measures to limit these risks.

2 frequently asked questions

Remember that nothing replaces an agreement with our community of owners and neighbours. Maintaining good communication with the other owners and respecting the statutes or the agreements taken at a meeting will contribute to maintaining a harmonious atmosphere within the community.

If you have any doubts or concerns, it is always advisable to consult with the administrator or the president to make sure that you are going to use the shared space appropriately and respectfully.

Meridional, caring for the community and owners

We hope that this article has provided you with a clear view on the use of parking spaces as storage rooms. 

At Meridional, we strive to provide you with the most accurate and up-to-date information to help you make informed decisions. 

Remember, each community is unique and deserves management that is tailored to its real present and future needs. 

If you have any questions about this or any other issue that affects you or your community, please don't hesitate to contact us - thanks for reading and see you next time!