Do I need the owners' association's permission to put up an awning on the façade or balcony?

Question

José Manuel Alburquerque · Accepted Answer

Generally, yes, because an awning changes the external appearance of the façade, which is a common part. The usual practice is for the owners' general meeting or the by-laws to set a single design, with its type, colour and fabric, so that anyone who puts up that design does not need a new resolution. A different awning needs a resolution of the general meeting, which requires four-fifths of the owners and of the participation shares if it changes the external image of the building. A parasol or a movable awning, which is not fixed to the façade, the railing or the floor, does not need permission. Separately, the town council may require its own procedure. Why a resolution is needed The Catalan Civil Code allows each owner to carry out works in their flat as long as they do not change the external appearance of the building. Works that alter a common part, such as the façade, need a resolution of the general meeting, even if the balcony is part of your flat. If the awning changes the external image, the resolution requires the votes 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. Those who do not attend the meeting count in favour if they do not object in writing within the month following notification of the resolution. To avoid a façade with awnings of every colour, the normal practice is to approve one design for everyone. If the design is in the by-laws, changing it requires amending them, also by four-fifths. Before buying the awning, ask the managing agent for the resolution or rule that sets the design. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) requires three-fifths of the owners and of the shares to authorise these alterations. If there are already other awnings on the façade If the owners' association (the “comunidad de propietarios”) has allowed awnings identical to the one you want, in principle it cannot refuse yours. If the existing ones are different, that argument does not work. If an awning has been up for years in full view of everyone, it may be deemed to have been consented to, but only if several conditions are met, including that the owners' association has not objected within the four years following its installation. When it comes to façade works, at least one court has been somewhat more flexible with ground-floor commercial premises than with flats. Even so, the prudent course is to seek a resolution. The town council's procedure The owners' association's permission and the town council's are two different things. One does not replace the other. In Barcelona, awnings and signs on commercial premises are processed through a prior notification, in which the documentation for the installation is submitted to the City Council. For homes, the procedure depends on how the façade is affected. Municipal rules on the townscape may also impose their own conditions.