What can I do on a terrace or roof terrace for private use: a pergola, a lightweight enclosure?

Question

José Manuel Alburquerque · Accepted Answer

You can use it and furnish it with things that can be removed, such as tables, chairs, plant pots or parasols, without asking permission. But even though only you use it, it is still a common part, so a fixed pergola, an enclosure, even a lightweight one, or any other works that alter it need a resolution of the owners' general meeting. If the works change the external appearance of the building or affect its structure, that resolution requires the votes of four-fifths of the owners, who must also hold four-fifths of the participation shares, the percentage each flat holds in the building. Solar panels and other renewable energy installations for your own flat are an exception, because they do not need a resolution of the general meeting, although the technical project must be sent to the owners' association (the “comunidad de propietarios”) thirty days before work starts. In any event, the owners' association's permission does not replace the town council's, which is also needed. What you can do without a resolution of the general meeting The terrace is for your use, but you cannot transform it on your own initiative. Without a resolution of the general meeting you can: Put out tables, chairs, sun loungers, parasols or plant pots. The “Audiencia Provincial” of Barcelona, the provincial appeal court, has held that furnishing a roof for exclusive use in this way does not change its use. Install solar panels or other renewable energy systems at your own expense. You do not need a resolution of the general meeting, but the law requires you to send the technical project to the president or the managing agent thirty days before work starts. Within that period, the owners' association can propose another reasonable solution that better suits everyone's interests without making the project much more expensive. If it does not, you can go ahead with the installation. Maintenance is entirely your responsibility. Be careful with large planters and with watering. If they damage the waterproofing, you will pay for the repair. What needs a resolution of the general meeting Any works that alter the terrace are an alteration of a common part and, under the Catalan Civil Code, need a resolution of the general meeting. For example: A fixed pergola, especially if it has a roof. An enclosure, even a lightweight or glass one. A shed, a built-in planter, fixings in the floor or a change of paving. An awning fixed to the façade or the floor. If the works change the external appearance of the building or affect the structure, as is usually the case with a fixed pergola or an enclosure, the resolution requires four-fifths, that is, 80 % of the owners and of the shares. Owners who do not attend the meeting count in favour if, once notified of the resolution, they do not object in writing within a month. No new resolution is needed if the owners' association's by-laws already authorise those works, for example enclosing that terrace. If you carry out the works without a resolution, the owners' association can require you to remove them and to pay for any damage caused. If the terrace is not a common part for exclusive use but part of your flat, you can carry out works on it after first notifying the president or the managing agent. But anything that changes the external appearance or affects the structure or the waterproofing still needs a resolution of the general meeting. In the rest of Spain, the Horizontal Property Act (“Ley de Propiedad Horizontal”) requires three-fifths of the owners and of the shares for enclosing terraces and other alterations to the common parts. The town council is a separate matter The owners' association's resolution and the town council's permission are two different things and one does not replace the other. The owners' association decides as owner of the terrace. The town council checks that the works comply with planning rules. In Barcelona, works on terraces and roof terraces are normally processed through a prior notification, in which the documentation for the works is submitted to the City Council. For heritage-protected buildings the procedure is more demanding. Whether a pergola or an enclosure can be authorised also depends on the local planning rules, especially if they add floor space to the home, so it is advisable to have a building professional check this before ordering them.