Can I enclose my terrace or balcony, even with frameless glass?

Question

José Manuel Alburquerque · Accepted Answer

You need a resolution of the owners' general meeting, because enclosing a balcony or terrace changes the external appearance of the façade, which is a common part. In Catalonia, that resolution requires the votes of four-fifths of the owners, who must also hold four-fifths of the participation shares, unless the by-laws already allow the enclosure. With frameless glass curtains there is no clear criterion, but several provincial appeal courts (“audiencias provinciales”) outside Catalonia have treated them as just another enclosure, so the prudent course is to seek a resolution for them too. Separately, you need the town council's permission, which does not replace that of the owners' association (the “comunidad de propietarios”). The general meeting's resolution The Catalan Civil Code lets each owner carry out works in their flat, but not works that change the external appearance of the building or alter common parts such as the façade. Enclosing a balcony or terrace requires the votes in favour of four-fifths of the owners, that is, 80 %, who must also hold four-fifths of the participation shares, the percentage each flat holds in the building. It is worth knowing the following: Ask the president in writing, before the meeting is called, to include your enclosure on the agenda, because only what appears on it can be voted on. Attach photos or a drawing of the enclosure. Owners who do not attend the meeting are notified of the resolution. If they do not object in writing within a month, their vote counts in favour. If the by-laws already allow terraces or balconies to be enclosed, no new resolution is needed, but you must comply with the conditions they set. Many owners' associations approve a single enclosure design for everyone. If the owners' association has allowed identical enclosures for other neighbours, in principle it cannot refuse yours. If the enclosures are different, that argument does not work. If you enclose without a resolution, the owners' association can require you to remove the enclosure. It is only deemed to have been consented to if several conditions are met, including that the works were visible and that the owners' association did not object within the four years following their completion. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) requires three-fifths of the owners and of the shares to enclose terraces. Frameless glass curtains These are glass panels that slide and fold without vertical frames. They are sometimes presented as if they were not an enclosure, because they can be pulled back completely. The courts do not have a single criterion. Several provincial appeal courts outside Catalonia, applying the national legislation, have considered them an enclosure that alters the façade even though they are movable. One, in an older judgment, allowed them without a resolution. In Catalonia the courts have not yet established a criterion on them. What will be looked at in each case is whether they alter the configuration or the external appearance of the building. As the risk is having to remove them later, the prudent course is to seek a resolution of the general meeting, just as for any other enclosure. The town council's permission The owners' association's resolution and the town council's permission are two different things. The owners' association decides as owner of the façade and the town council checks that the works comply with planning rules. One does not replace the other. In Barcelona, altering a balcony or terrace on the façade of a building that is not heritage-protected is normally processed through a prior notification to the City Council. For heritage-protected buildings the procedure is more demanding and a building permit may be needed. If the enclosure adds floor space to the home, it is advisable to have a building professional check beforehand whether the local planning rules allow it.