A heated dispute in Oviedo has escalated to court, illustrating how personal initiatives can lead to major troubles for an entire apartment building. The owner of a flat decided to create a relaxation area with a jacuzzi on his terrace without obtaining approval from other owners. The result: a lawsuit, mandatory expensive repairs, and compensation for damages.
Unauthorized renovations and their consequences
It all began when the open terrace was gradually transformed into an almost fully enclosed space. Not only was a hot tub installed, but additional structures, equipment, and partitions also appeared. All of these modifications were made without formal consent from the residents’ association. As a result of altering the building’s structure, drainage problems arose: water started accumulating, and the apartment below developed persistent dampness and mold. Neighbors tried to resolve the issue peacefully, but numerous attempts to fix the leaks failed.
The law protects the common interest
A court ruling issued in September 2025 made everything clear. The document details how the originally open terrace was altered beyond recognition, disrupting its function as part of the building’s roof. Spanish law requires that any work affecting shared parts of a building must be approved by a majority of homeowners. This is especially important for terraces that serve as roofs for other apartments. The court stressed that such changes can lead not only to aesthetic issues, but also to serious technical problems: incorrect slopes, blocked drains, poor waterproofing, and excessive load on the floors.
Silence does not mean consent
The owner tried to defend himself by claiming that the neighbors were aware of what was happening but did not object. However, the court rejected this argument, stating that the absence of a clear protest does not equal approval when it comes to altering the structure of a building or causing harm to other residents. In such cases, the community is not obliged to tolerate the consequences of someone’s unauthorized actions.
Expert assessments and technical details
Several expert examinations were conducted during the proceedings. Specialists concluded that the unauthorised work on the terrace was the direct cause of ongoing leaks. Issues identified included improperly constructed slopes, hard-to-reach or completely inaccessible drainage systems, and structural elements obstructing proper repairs. Experts agreed that the only solution is to restore the terrace to its original state to ensure reliable waterproofing and proper water drainage.
Mandatory measures and financial liability
The court ordered the apartment owner to carry out a complete repair: restore the waterproofing, correct the slopes, install drainpipes of the required diameter, and compensate the neighbours for damages amounting to €1,962. Although it is not specified exactly which elements need to be dismantled, it is emphasised that all work must fully resolve the leaks, even if it requires removing all the new structures.
How to determine if you need approval for terrace renovations
The question of whether a terrace is considered private or communal property is determined by the building’s charter and technical documentation. Even if a resident has exclusive access to the terrace, it often remains part of the building’s roof and any modifications require approval from other owners. This is especially important if the terrace serves as a ceiling for other apartments below.
Risks of unauthorized renovation
This case serves as a warning to anyone planning to renovate their space without proper approval. Even seemingly minor changes can lead to serious consequences—from disputes with neighbors to court battles and substantial restoration costs. Owners are required to maintain their properties, avoid causing inconvenience to others, and take responsibility for any damage resulting from unauthorized work. Practice shows that such disputes are becoming increasingly common, and courts are siding with affected residents more often.
As RUSSPAIN previously reported
The city of Oviedo is the administrative center of Asturias, known for its history and architecture. Disputes between property owners over renovations and facade changes are common here. In Spain, there are strict regulations for approving any work affecting shared areas of buildings. Violations can result in lawsuits and significant financial losses. In recent years, courts have been handling more and more cases involving unauthorized changes in apartment buildings. Property owners in Spain should remember: even if a terrace seems private, it may be considered part of the communal property. Ignoring this rule can lead not only to conflicts but also to mandatory restoration at your own expense. Oviedo, like many other cities across the country, often faces such situations, highlighting the relevance of the issue for all of Spain.
