Can I enclose my parking space in the communal garage?

Question

José Manuel Alburquerque · Accepted Answer

It depends on the by-laws of the owners' association (the “comunidad de propietarios”) and on the kind of enclosure. If the by-laws allow it, you only need to meet their conditions and notify the president or the managing agent beforehand. If they prohibit it, you cannot enclose it until they are changed. If they say nothing, you will normally need a resolution of the owners' general meeting, because an enclosure is usually anchored to the floor and the ceiling, which are common parts, or affects access, ventilation or fire safety in the garage. You will also have to go through whatever procedure for works the town council requires, because the association's permission and the council's are different things. First, what kind of space you have Look at your public deed and the land registry extract (“nota simple”) from the “Registro de la Propiedad”, the Land Registry. You may find one of two situations: Your space is a separate property within the association. Enclosing it is then work on your own property, subject to the limits explained below. The garage is a single unit of which each owner holds a share, with an allocated space, something very common in Barcelona. In that case the rules on the use of the garage and whatever is agreed by those who share it also apply. What permission you need The “Código Civil de Cataluña”, the Catalan Civil Code, allows each owner to carry out works on their own property if they do not harm the others or the association, provided the president or the managing agent is notified beforehand. If the works alter a common part, a resolution of the meeting is required. The by-laws may have settled the matter in advance, so they must be checked first: If they allow spaces to be enclosed, it is enough to meet their conditions and give notice. If they prohibit it, they must first be changed, with the votes of four-fifths of the owners also representing four-fifths of the participation shares, the percentage that each property has in the building. If they say nothing and the enclosure alters common parts, a resolution of the meeting is required. It is not clear what majority is enough. If the enclosure affects the structure of the building, the law requires four-fifths of the owners and of the shares. If it does not, a simple majority might be enough. It is advisable to take advice before taking the matter to the meeting. The town council and existing enclosures In addition to the association's permission, the enclosure requires the town council's procedure for works and must comply with the car park's ventilation and fire protection rules. One does not replace the other. If someone has already enclosed their space without the necessary permission, the association can require them to remove the enclosure, especially if it encroaches on the aisle or any other common area. It is only treated as consented to if it was in plain view, does not reduce the structural soundness of the building, does not occupy anything outside the space or create easements and the association did not object within the four years following its installation. Enclosing the space does not change its use either. It is still a parking space and using it as a storage room may conflict with the by-laws and with fire regulations.