Is it possible to put up scaffolding on my neighbour's property to carry out building work?
Yes, if it is essential for the work and provided you compensate the neighbour for any harm it causes them. The “Código Civil de Cataluña”, the Catalan Civil Code, has no general rule for this situation, so the Spanish Civil Code (“Código civil”) applies. It requires the owner of the neighbouring property to allow scaffolding to be put up or materials to be carried across it when this is necessary to build or repair a building. The prudent course is to agree it with the neighbour in writing beforehand. If they refuse, do not put up the scaffolding on your own initiative, but ask the court to order them to allow it.
Alburquerque Abogados
When the neighbour has to allow it
The Spanish Civil Code requires the neighbour to allow it if it is essential in order to build or repair a building. The courts usually require these conditions to be met:
- That there is no other reasonable way of carrying out the work, for example from your own property or from the street.
- That the occupation is temporary and lasts no longer than the work.
- That you compensate the neighbour for the harm, such as any damage caused or the loss of use of the part occupied.
If the work is in a flat and access to another flat in the same building is needed, the condominium rules (“propiedad horizontal”) apply. In most of the rest of Spain the same rule of the Spanish Civil Code applies directly.
How best to go about it
The safest course is to sign an agreement with the neighbour, before starting, that states:
- How long the scaffolding will be in place and on which part of their property.
- The working hours and how their plants, paving or façade will be protected.
- Who is liable for any damage and what liability insurance the company carrying out the work has.
- The compensation they will receive.
Before the scaffolding goes up, it is advisable to record the condition of the neighbouring property with photos or a notarial record (“acta notarial”). If the scaffolding also takes up part of the street, you will also need a council permit to occupy the public highway.
If the neighbour refuses
- Send them a written demand, for example by “burofax” (a certified letter with proof of content), explaining the work, why it is essential to use their property and what you are offering in return.
- If they still refuse, you can ask the court to order them to allow it. Before suing, the law generally requires an attempt to reach an agreement. That same burofax can serve the purpose if it genuinely invites negotiation.
- Do not put up the scaffolding without their permission or a court order. The neighbour could require you to remove it and to pay for the damage.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.