What happens if the tenant does building work without permission?

Question

José Manuel Alburquerque · Accepted Answer

If the works change the layout or the structure of the home, or reduce its stability or safety, the tenant needs the landlord's written permission. If the tenant carries them out without it, the landlord can seek termination of the contract, that is, ask for it to be brought to an end and for the flat to be returned. The landlord can also wait until the end of the tenancy and choose between requiring the tenant to leave the home as it was or keeping the works without paying anything. If the works put stability or safety at risk, the landlord can require them to be undone straight away. Which works need permission Written permission is needed for works that alter the configuration of the home, such as knocking down or putting up partition walls, moving the kitchen or the bathroom, enclosing a terrace or changing the windows. The same applies to works that reduce its stability or safety. Small fixes and minor improvements that do not alter the home do not need permission, although at the end the tenant must return it as he or she received it. If the works affect common parts, such as the façade, the owners' association's authorisation is also needed. A common example is installing an air-conditioning unit on the façade. There is one exception. After giving notice in writing, the tenant may carry out the interior works needed to adapt the home to a disability or to an age of over seventy, whether the tenant's own or that of those who live with him or her. At the end of the tenancy, if the landlord asks, the tenant must leave it as it was. What the landlord can do Record the works, with photos or with a notarial record (“acta notarial”). To go in and check them, the landlord needs the tenant's permission. Demand in writing that the tenant stop them or put things back as they were. Seek termination of the contract. Before suing, the law requires an attempt at negotiation. If the tenancy continues, require the tenant at the end to restore the home to its previous state, or keep the improvement without paying anything. If the works affect stability or safety, the landlord can require the home to be restored immediately. If the tenant does not restore it at the end, deduct the cost of doing so from the statutory deposit (the “fianza”) and record this in the document signed when the keys are handed over. How to avoid the problem The safest course for both parties is for the permission to be put in writing before work starts. It should state which works are authorised, who pays for them and whether they will have to be undone at the end. That avoids disputes when the tenancy ends and when the deposit is returned.