Welcome and thank you for being back on our blog. Today we want to solve a doubt that usually generates some conflict in the communities of neighbours, if you are not well informed previously, and it is the one of the terrace enclosure and if it is necessary the permission of the community of neighbours.

As a basis for resolving this issue, it is best to refer to the Horizontal Property Law (LPH), the community statutes (if there are any) and the town planning regulations of the municipality, which will help us to clarify the necessary steps to carry out the terrace enclosure in a legal and transparent manner.

What is a terrace enclosure?

A terrace enclosure involves the construction of a structure on the outside area of the property to integrate this space, in whole or in part, as part of the dwelling, making it an enclosed area.

This work is commonly carried out to gain interior space, especially when the terrace is not used frequently or the square metres of living space need to be increased. It is usually a quick and simple intervention that, if done correctly, adds light and space to the home.

Terrace enclosures are generally permanent, with a fixed structure. However, there are also removable options, which are preferred by some people to avoid high costs and the permanence of the work.

What does the Horizontal Property Law say about the enclosure of a terrace?

The Horizontal Property Law (LPH) is the main legislation that regulates the construction works and aesthetic changes of owners in buildings, as we have already specified in another article of our blog blog. According to the article 7 of the LPHIn the case of a building alteration, the owners can modify architectural elements, installations or services of the building, as long as the safety of the building, its general structure, exterior configuration, or the rights of other owners are not compromised. It must always be taken into account that these works must be previously informed to the community.

Permits for the Enclosure of a Terrace in a community

When enclosing a terrace, you must have several permits, not only from the community of neighbours, but you also need to follow some steps in order to comply with all the necessary permits.

1. Community approval

   - An owner may not enclose his terrace without the permission of the residents' association.

   – El article 10.3.b of the LPH provides that the approval of three-fifths of the owners, also representing three-fifths of the participation shares, is required. Owners who do not attend the meeting have 30 days to show their opposition.

   - If any owners are affected by the enclosure, they must give their explicit consent.

   - In case of unauthorised enclosure, the community can demand demolition and restoration of the terrace to its original state, as well as compensation for damages.

2. Steps to Legally Enclose a Terrace

   – Obtain the Community Permit: As mentioned above, the main thing is to have the permission of the community of neighbours. It is important to check the statutes of the community and to verify if other neighbours have carried out similar works.

   – Submit an Enclosure Project: The project must include the design and materials used, be signed by a competent technician and be submitted to the relevant local council.

   – Obtain a Municipal Licence: It is necessary to obtain a municipal licence, which implies the approval of the municipal corporation.

Time limits and statute of limitations

- The statute of limitations for terrace enclosures varies between four and ten years, depending on the municipal ordinances of each municipality.

- If the enclosure is less than ten years old, a legalisation project and payment of the corresponding fees will be required. If it is more than ten years old, a licence is not required, but a legalisation project is required due to the prescription of an urban development infringement.

- In both cases, a notary and the land register must be consulted in order to change the information on the property.

Special Cases and Sanctions

- In heritage listed buildings, enclosures may not be possible due to heritage protection ordinances.

- Penalties for non-compliance with these regulations can include fines by the administration and civil lawsuits by the community of owners or affected neighbours.

If you close the terrace of your home without first obtaining permission from the homeowners' association, you may face the following financial penalties:

• Fines imposed by the municipality that can run into thousands of euros. Each municipality sets its own penalties for such offences.
• Obligation to demolish the work carried out and restore the terrace to its original state.. This would entail an additional cost for the owner.
• Possible civil lawsuits by neighbours or the homeowners' association itself. This could lead to further legal costs.

Consult the Community Statutes

- It is crucial to check the statutes of the community of neighbours, as they may specify whether enclosures are allowed and under what conditions.

- If other neighbours have already closed their terraces, it is likely that the same can be done to respect the principles of non-discrimination and equality.

- If the bylaws do not mention anything about enclosures and no neighbour has enclosed his terrace, the LPH must be consulted.

If you would like to read more on this topic, we have a specific article about the Formalities for building or renovating a property in Spain.

Types of enclosures:

- Temporary enclosures that do not require building work can be installed as long as they are easy to remove. However, it is advisable to inform neighbours to avoid problems.

- If the enclosure is permanent or requires building work, it is necessary to follow the steps mentioned above in order to obtain the necessary licences.

The type of enclosure can lead to conflicts, so it is best to talk to the homeowners' association first.

Is the Property Administrator important in this process?

The property manager plays a key role in the process of approval and implementation of enclosure projects in homeowners' associations. Their experience and knowledge of community management can be crucial to the success of such initiatives. The following are the different ways in which a property manager can be of assistance:

Property Administrator on the Costa del Sol

Generating a Good Climate for the Proposal

One of the first and most important roles of the property manager is to facilitate an environment conducive to presenting the enclosure proposal to the community of owners. This includes:

Calling and Organising Meetings: The manager can call extraordinary meetings to discuss the project, ensuring that all owners are informed and can express their opinions.

Mediation and Conflict Resolution: When the proposal is put forward, disagreements may arise between owners. The manager acts as a mediator, helping to resolve conflicts and promoting mutual understanding.

Benefits presentation: Using his or her expertise, the manager can highlight the benefits of the enclosure, such as increased property value, improved thermal comfort and noise reduction, which can help gain community support.

Legal advice

The property manager not only facilitates the discussion, but also contributes his professional knowledge.

Knowledge of Regulations: The administrator is familiar with local laws and regulations affecting structural modifications to buildings. He can advise on the necessary permits and ensure that the project complies with all applicable regulations.

Feasibility Assessment: Can conduct or coordinate feasibility studies to determine whether the enclosure is technically and economically feasible.

Professional advice

In case the community approves the enclosure project, the property manager can be of great help in the next phase:

Search for Suppliers and Contractors: Under the mandate of the community the manager can initiate a search for architects, engineers and contractors with a solid reputation and experience in similar projects.

Works Supervision: The manager can monitor the progress of the works, ensuring that they are completed within the agreed budget and time, and that they meet the expected quality standards.

Administrative and Financial Management

The property manager is also responsible for the administrative and financial management of the project.

Budgeting and Funding: Helps to draw up a detailed budget and can arrange for funding or grants if available.

Transparency and Communication: Keeps all owners informed about project progress and associated costs, promoting transparency and avoiding misunderstandings.

Is legal advice important?

In no case is it compulsory, but if doubts arise, it is advisable to consult a lawyer to avoid legal problems and unnecessary expenses for installing (and in some cases demolishing) a terrace without the corresponding permits.

We will also need legal advice to update the title deeds of the property: After completion of the works, the notary and the land registry must be consulted to update the information on the built-up area. 

In case of a illegal enclosure that is less than 10 years oldThis legalisation process is compulsory. If it is more than 10 years old, a building permit is not required, but the legalisation project is. Failure to legalise the enclosure exposes the owner to fines, a demolition order and possible lawsuits from the community.  It is therefore essential to follow this process in order to regularise the situation and avoid future problems.

Can I close the terrace without the permission of the community?

No, it is generally not possible to enclose the terrace of a house without first obtaining the permission of the community of owners. This is for the following reasons:

• According to the Horizontal Property Law, any work that modifies the common elements of the building, such as the façade, requires the approval of the majority of the owners. .
• The enclosure of a terrace is considered a work that alters the external configuration of the building, and therefore requires the consent of the community. .
• Even if the terrace is for private use, the enclosure may affect other owners in aspects such as views, lighting or ventilation, so the community must authorise it. .
• In addition, it is necessary to obtain the corresponding municipal licence, which first requires the permission of the community. .

The only exception would be if other neighbours have already closed their terraces in a similar way and the community has not taken action, which could be interpreted as "tacit consent". . But in general, closing the terrace without a permit would lead to penalties and a possible demolition order. .

To avoid legal problems and conflicts with the community of owners, it is essential to obtain all necessary authorisations before closing a terrace. This includes the permission of the community and the corresponding municipal licences. If in doubt, it is advisable to consult a lawyer to ensure compliance with the regulations and avoid future problems.