Am I obliged to allow access to my flat to repair something belonging to the owners' association? And what if a neighbour refuses?

Question

José Manuel Alburquerque · Accepted Answer

Yes, where the repair is necessary and there is no other way of carrying it out or the alternative is disproportionately expensive or burdensome. This applies both to works by the owners' association (the “comunidad de propietarios”) and to repairs to another flat that can only be carried out from yours. In return, whoever carries out the works must pay for any damage caused in your flat and replace anything that is broken. If a neighbour refuses access, neither the association nor the other neighbours can force the door and the court must be asked to order the neighbour to allow it. When you have to allow access The “Código Civil de Cataluña”, the Catalan Civil Code, requires each owner to accept in their flat the restrictions that are essential to preserve and maintain the common parts, which are the parts of the building that belong to everyone, or the other flats, provided there is no other way of carrying out the works or the alternative is disproportionately expensive or burdensome. Common cases are: Replacing a downpipe or a main pipe that runs through your flat. Repairing a façade, a courtyard or a roof that can only be reached from your terrace. Fixing a leak from the flat above that can only be reached through your ceiling. The law does not say how much notice must be given or at what times. The reasonable approach is to give notice in writing in good time, except in an emergency such as a leak, to agree the day and time and to cause as little disturbance as possible. That is also what the courts usually take into account. If you refuse without good reason, you may have to pay for the damage caused by the delay, for example if the leak continues to soak the flat below. Who pays for anything that is broken Whoever carries out the works must compensate for the damage. If the works are being carried out by the association, it pays for restoring whatever has to be broken to gain access, such as a false ceiling or some tiles, through its insurance if the policy covers it. If they are being carried out by another neighbour, that neighbour pays. If a common part can only be reached through your terrace or another annex of your flat, the association can also require a permanent right of passage, what the law calls an easement, again compensating for the damage. If a neighbour refuses access No one may enter a home without the permission of the person who lives there or a court order, except the police to prevent serious and imminent harm. Neither the president nor the managing agent nor the insurer may force the door. The steps are as follows: Send the neighbour a written demand by “burofax” (a certified letter with proof of content), explaining what works are needed, why access is required and on what day. If the neighbour still refuses, bring a claim so that the court orders them to allow access. If the association is the one bringing the claim, the prudent course is for the owners' general meeting to approve it first by a simple majority and authorise the president. Before bringing a claim, the law requires an attempt at negotiation, which can already be proposed in the burofax if it genuinely invites negotiation. If it is urgent, ask the court to order access immediately, without waiting for the judgment. Claim from the neighbour for the damage caused by their refusal. In Catalonia there are three years in which to do so. If the flat is let, the tenant must also allow access, so it is advisable to send the demand to both. And if there is an emergency while the neighbour is away, such as a major leak, call 112 instead of forcing the door.