Court ruling: new framework for renovations
In September 2025, the Supreme Court of Spain issued a ruling that significantly affects homeowners’ rights in residential complexes. The civil chamber reviewed a dispute arising in Madrid and concluded that any work affecting the exterior appearance of buildings must comply not only with municipal regulations but also with the internal rules of the homeowners’ association.
Essence of the conflict: residents’ interests vs. individual changes
The dispute arose when the owners of one property in the capital enclosed their rooftop terrace after obtaining permission from city authorities. However, other residents of the complex objected, claiming that the structure damaged the building’s facade and obstructed neighbors’ views. Courts at all levels sided with the community, ordering the initiators to remove the construction.
Legal basis: priority of collective interests
During the proceedings, the application of Article 24 of the Law on Horizontal Property, which governs relations in private residential complexes, was discussed. The owners argued that the terrace was their private property and that the community had no right to intervene. However, the court reminded that owners’ rights are limited by the need to consider the interests of other residents and to preserve the architectural integrity of the complex. Even if work is carried out on private property, it must not disrupt the harmony of the exterior or infringe on neighbors’ rights.
Internal regulations and their significance
The court paid special attention to the complex’s internal regulations adopted in 2001, which explicitly prohibit any changes that could disrupt the uniform style of the buildings, including glazing, installation of grilles, and other similar modifications. The Supreme Court found such provisions legal and compatible with current law, emphasizing their role in maintaining order and harmony among residents.
A license does not remove obligations to neighbors
The ruling notes that municipal permission grants the right to carry out work only within the framework of administrative relations. However, it does not exempt the owner from complying with internal rules governing life in the residential complex. Thus, any changes must be approved not only by city authorities but also by the community of residents.
Alternative solutions for expanding space
The court also noted that owners can seek alternative ways to increase usable space without violating common rules. For example, they can alter the interior layout, use folding furniture, or apply to the homeowners’ meeting for individual permission. This approach helps maintain a balance between personal interests and collective values.
