In Spain, debates over glazing patio de luces (light wells) have persisted for years. It may seem that with your neighbors’ approval, you’re free to design your private space as you wish. However, the reality is much more complicated: even several years after the homeowners’ assembly gives its consent, any oversight can result in a demand to take down the structure at your own expense. That’s exactly what happened recently in a provincial court in Girona, which once again highlighted that formalities should never be ignored.
At the center of the story is an apartment owner who decided to install a transparent methacrylate enclosure in the patio de luces adjoining his property. The neighbors didn’t object, but they set a condition: before starting the work, he had to submit a technical plan proving the project’s safety and compliance with regulations. The document was never presented, yet the work proceeded. The result—a legal dispute, a demand to restore everything to its original state, and significant expenses for the owner.
Requirements and consequences
Many believe that if a courtyard is attached to an apartment, you can use it however you like. However, Spanish law states clearly: even if the space is for private use, its structure and appearance remain under the control of the community of property owners. This is especially true for patio de luces, which provide ventilation, natural light, and access to utilities for the entire building.
In this case, the residents’ assembly approved the glazing, but with a condition — only after submitting a professional project. This requirement was not fulfilled, and later, at another assembly, the permission was revoked. Despite this, the owner went ahead and installed the structure, sparking outrage among neighbors and leading to a court case.
Court Practice
The first-instance court in Figueres sided with the community: the work was ruled illegal because it affected common areas of the building and was carried out without a valid permit. The appeal did not help — the provincial court of Girona confirmed that if the conditions under which consent was granted are not met, the consent loses its validity. Moreover, even if initial permission was obtained, it can be revoked if the owner fails to comply with the requirements.
The court paid particular attention to the fact that an inner courtyard is not just someone else’s corner, but an important part of the building’s infrastructure. Pipes, ventilation, and sometimes electrical cables run here. Any interference that complicates access or compromises safety requires strict control. That is why a technical project is not a mere formality, but a guarantee that the interests of all residents are protected.
Legal Nuances
The court’s decision specifically cites Article 553-36 of the Civil Code of Catalonia, which governs the rights and obligations of owners in apartment buildings. The law clearly states: any work affecting the building’s exterior or common areas is only allowed with the consent of the community meeting. Even if the space in question is assigned to a particular apartment, the owner’s freedom is still limited by the interests of the entire community.
In this case, the owner ignored not only the project requirement, but also the subsequent cancellation of the permit. This turned out to be decisive for the court: if the conditions are not met, no reference to ‘private space’ will help. The court further emphasized that the meeting’s decisions are binding for everyone—even those who disagree—unless properly challenged in court.
Risks for homeowners
The Girona case is not unique. In recent years, Spanish courts have increasingly dealt with disputes over the glazing and other changes in building courtyards. Owners seeking greater comfort often overlook legal details. Yet even a minor procedural violation can have serious consequences, from lawsuits to having to dismantle costly installations.
Court practice shows that formal approval at a homeowners’ meeting is just the first step. What matters most is strict compliance with all the conditions specified in the decision. Otherwise, the permission can be revoked at any time, leaving the owner not only without the glazing but also facing a hefty bill to restore the property to its original state.
If you weren’t aware, in Spain, issues related to changes in common elements of buildings are regulated not only by national but also by regional laws. In Catalonia, the Civil Code sets out in detail the rights and duties of property owners in apartment buildings. Homeowners’ associations have broad authority, and their decisions are binding on all owners, regardless of individual opinions. Violating these rules can result in legal action and significant financial losses.
