Are accessibility works, such as a ramp or a stairlift, compulsory? Who pays for them?

Question

José Manuel Alburquerque · Accepted Answer

In Catalonia they are not automatically compulsory, but the owners' general meeting can approve them by a simple majority even if they affect the structure or the façade or the by-laws have to be changed. If the meeting does not approve them, anyone who has a disability or is over seventy, or who lives or works with someone in that situation, can ask the court, as an owner or as a tenant, to order the owners' association (the “comunidad de propietarios”) to carry them out if they are reasonable and proportionate. If the general meeting approves them, they are paid for by all the owners according to their participation share, including those who voted against. If the court orders them, it is the court that sets the amount, taking into account the association's ordinary expenses. When the general meeting approves them The Catalan Civil Code allows works needed to make the building accessible to be approved by a simple majority, including those that remove architectural barriers, such as a ramp or a stairlift. This applies even if the work affects the structure or the façade and even if the by-laws have to be amended. The simple majority is counted only among the owners who vote. Even if the person concerned offers to pay for the work out of their own pocket, if it is done in the entrance hall, on the staircase or in another common part, it still needs a resolution of the general meeting. Who pays for them If the general meeting approves them, the costs are borne by all the owners according to their participation share, which is the percentage that each flat or commercial unit holds in the building. Those who voted against also pay. Anyone who disagrees can challenge the resolution if it is contrary to the law or the by-laws or seriously harms them, but to do so they must be up to date with their payments. The challenge does not stop the work, unless the court suspends it as an interim measure. If the general meeting also wants to share the cost differently, for example so that whoever benefits most from the work pays more, in Catalonia it is not clear that the same simple majority is enough. The prudent course is to approve that allocation by four-fifths of the owners and of the participation shares. If the work is ordered by the court, it is the court that sets the amount, taking into account the association's ordinary expenses. Catalan law does not set a fixed cap expressed in monthly service charges. If the general meeting says no Owners can ask the court to compel the owners' association, as can those with another right to use the flat or commercial unit, such as a tenant or a usufructuary, when they themselves or the people who live or work with them have a disability or are over seventy. They must first have asked the general meeting without success. The court will order the works if they are reasonable and proportionate to make the building accessible, having regard to the disability that gives rise to them. The practical approach is to ask the president in writing to put the matter before the general meeting, with a quote and, if possible, a technical report. Before suing, the law requires an attempt at negotiation. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”), in the version in force since 23 October 2026, makes these works compulsory without the need for a resolution when they are requested by an owner in whose home or commercial unit people with disabilities or people over seventy live, work or volunteer, provided that the amount shared out each year, after deducting public grants, does not exceed twelve ordinary monthly service charges or that those requesting the works pay the excess.