A dispute broke out in Badajoz between a commercial property owner and the other residents of a multi-unit building. The conflict was sparked by renovation work in the shared courtyard: the business owner decided to upgrade part of the utilities, alter the wall structure, and replace an old canopy. Neighbors were outraged, insisting that any changes to communal areas required their unanimous approval. However, the court unexpectedly sided with the property owner, triggering heated debate among lawyers and property managers.
The judges carefully examined the circumstances: the owner did not touch any load-bearing structures, did not interfere with the building’s main utilities, and did not pose any safety risk. All the work was limited to his part of the courtyard and did not prevent other residents from enjoying the shared spaces. Furthermore, technical experts confirmed that none of the alterations violated city regulations or worsened living conditions for the rest of the residents.
As a result, the court ruled that if renovations do not affect the building’s structure or change the function of communal areas, unanimous consent from all residents is not required. This decision has set a precedent for similar disputes across Spain.
Details of the dispute
At the center of the dispute were five types of work: chimney modernization, increasing the height of a wall, replacing a canopy, installing a new door on the ground floor, and widening the entrance leading to the courtyard. Residents claimed that these actions violated their rights and turned the courtyard into the entrepreneur’s private property. However, the judges disagreed with this view.
Expert assessments showed that the chimney was simply extended to meet sanitary requirements, and the wall was raised for safety reasons. The canopy had existed for many years, and its renovation did not alter the building’s appearance. The new door and widened entrance were necessary for the commercial property to function properly and did not restrict other residents’ access to the courtyard.
The court paid special attention to the issue of access: it turned out that previously, the only way to enter the courtyard was through the windows of several premises, rather than a door accessible to everyone. Therefore, the new door did not change the courtyard’s status as communal property.
Legal nuances
The court’s decision is based on Article 7.1 of the Law on Horizontal Property (Ley de Propiedad Horizontal, LPH). The document clearly states that any work not affecting the structure, safety, or usage of common areas does not require approval from all owners. The exception is if the changes involve significant modifications or the privatization of part of the common property.
In this case, none of the criteria were violated. Moreover, technical assessments by the municipality and regional authorities confirmed that all work complied with construction and fire safety regulations. Residents’ attempts to prove otherwise were unsuccessful—none of their arguments were backed by real evidence or expert reviews.
The court also noted that if the work had truly disturbed other residents or posed a threat, it could have been challenged. But in this situation, there was no evidence of harm.
What is now allowed
The court’s decision sent a message to all property owners: if you are planning renovations in the inner courtyard, the main rule is not to affect load-bearing structures or change the use of common areas. For example, bringing utilities up to code, replacing old features with similar ones, or making small improvements necessary for business or personal comfort are permitted.
However, if you decide, for instance, to annex part of the courtyard to your apartment or alter its layout, you can’t do this without the consent of all residents. Otherwise, conflict is inevitable, and the court may side with your neighbors.
Residents, in turn, have the right to contest any work if it genuinely infringes on their rights or worsens living conditions. But this requires more than dissatisfaction—it takes solid evidence: technical evaluations, photographs, inspection reports.
How to avoid disputes
Experts advise: before starting renovations, carefully review your property’s documentation—including the charter, technical passport, and courtyard description. Clarify whether the land is common property or assigned to a specific apartment. Consult an engineer or architect to ensure the work will be safe.
If you have any doubts, it’s best to discuss your plans in advance with your neighbors and the property management company. This can help you avoid legal disputes and maintain good neighborly relations. In case of a conflict, gather all relevant documents and consult with professionals.
Court practice shows that a formal refusal from neighbors does not always constitute a ban on renovations. The main requirement is to comply with the law and respect the interests of other residents.
In case you didn’t know, Audiencia Provincial de Badajoz is one of the key courts in the Extremadura region that handles disputes between property owners. Its rulings often serve as a precedent for other courts across Spain. This particular case involved experts from the municipality and the Junta de Extremadura, whose opinions proved decisive. Owners of commercial premises in Spain regularly face similar issues, and this case could set a nationwide practice.
